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When it comes to forming a business partnership, it is important to understand that it can be established in several ways. The agreement to form a partnership may be oral, written, or implied from the conduct of the parties. In this article, we will delve into the different forms of partnership agreements and their implications.

Oral Partnership Agreement:

An oral partnership agreement is an agreement between two or more individuals that is not reduced to writing. This type of agreement is often referred to as a verbal agreement. Although oral partnership agreements are legally binding, they can be difficult to enforce because there is no documentation outlining the partnership’s terms.

Written Partnership Agreement:

A written partnership agreement is a legal document that outlines the terms and conditions of the partnership between two or more individuals. This document serves as evidence of the partnership’s existence and outlines how the partnership will be managed, the responsibilities of each partner, the distribution of profits and losses, and how the partnership can be dissolved.

Implied Partnership Agreement:

An implied partnership agreement is an agreement that has not been explicitly stated but is established through the actions of the parties involved. This type of agreement is often created through consistent business practices or conduct that suggests the presence of a partnership. For example, if two individuals consistently work together, share profits, and split expenses, an implied partnership agreement may be formed even if there is no written or oral agreement.

It is important to note that implied partnerships can be dangerous because they are open to interpretation. When a partnership is implied, it often lacks clear guidelines and can result in disagreement or legal disputes down the line.

In conclusion, when forming a partnership, choosing the right type of agreement is essential. Oral agreements, while legally binding, can be difficult to enforce in court. Written agreements offer the most protection and provide clear guidelines for both parties. Implied agreements can be created unintentionally and therefore, should be avoided as much as possible.

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Capital Gain in Case of Land Development Agreement

A land development agreement is a legally binding contract between the landowner and the developer, where the developer agrees to develop the land for a particular project, such as commercial or residential purposes. The landowner, in exchange, receives a certain percentage of the income generated from the development.

In case of a land development agreement, the landowner may be liable to pay capital gains tax on the income received from the developer. Capital gains tax is a tax levied by the government on the profit made from the sale of an asset such as land or property.

Capital gains tax is calculated by subtracting the cost of acquiring the asset from the sale price. The difference is the capital gain, and a percentage of this amount is levied as tax.

In the case of a land development agreement, the cost of acquiring the land includes the original purchase price, any improvements made to the land, and any expenses incurred in the process of developing the land. The income received from the developer includes the value of the land at the time of development, any payments received during the development process, and the final sale price of the developed land.

The tax liability for the landowner will depend on the duration of ownership of the land and the applicable tax rate on capital gains in the relevant jurisdiction. In most countries, the tax rate for capital gains may be higher for non-residents or foreign investors.

To minimize the tax liability, the landowner may consider several options. One option is to hold on to the land for a longer period to avail the tax benefits of long-term capital gains. Another option is to structure the land development agreement in a way that reduces the tax liability, such as receiving payments over a longer period or structuring the agreement as a lease agreement rather than a sale agreement.

In conclusion, a land development agreement can be a lucrative investment for the landowner, but it is important to consider the tax implications and take steps to minimize the tax liability. Seeking advice from tax and legal professionals before entering into such an agreement can help ensure that all legal and tax obligations are met and that the agreement is structured in the most tax-efficient manner possible.