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TAXATION 2
CHAPTER 2 - Partnership
Learning Outcomes
Able to understand the principles related to partnership
taxation
Able to compute a full partnership taxation
Apply the principle into the computationof taxation
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Topic & Structure of the lesson
Introduction to partnership structure
Tax treatment for partnership
Provisional adjusted income & loss
Divisible Income
Change in partnership
Capital Allowance
Non-business income
Tax adminstration
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Key Terms you must be able to use
Partnership
Provisional Income
Divisible Income
Provisional Loss
Capital allowances
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INTRODUCTION
A partnership is define as an association of any kind
between parties who have agreed to combine any of
their rights, powers, property,labour or skills for the
purpose of carrying on a business and sharing the
profit therefrom.
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TAX EFFECT
Partnership is not a chargeable person for income tax
purpose
Income tax is levied on the individual partners on their
share of business income
The source of income from a partnership is business
income which includes trade, manufacturing,
professional and vocational
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EXISTENCE OF A PARTNERSHIP
After considering S 2 of the Act, the following factors
need to be present before a partnership exits:
Carrying on business
Sharing of rights and responsibilities
a view to profit
Element of risk and rewards for each partner
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EXAMPLE
Kim Win and Goon Ling agreed to the following
arrangements:
(i) Kim Win would provide all the capital needed to set up a
food catering business
(ii)Goon Ling would be the cook and oversees the operation
of the business
(iii)Goon Ling would receive a fixed salary and a percentage
of the sales proceeds
(iv)Kim Win would receive the balance after taking into
account all the other operating expenses
Discuss whether a partnership exist
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EXAMPLE
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PROVISIONAL ADJUSTED
INCOME
A partnership is presumed to be a sole properiertorship for
computing patnership adjusted income
Partnership adjusted income is known as provisional
adjusted income
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DIVISIBLE INCOME
The basis to apportion the partnership income to
individual partners is based on the profit sharing ratio
stipulated in the partnership agreement
This profit apportionment is known as divisible
income
This is arrived by less out all partners private expenses
from the provisional income
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PROVISIONAL LOSS
The provisional loss is computed the same manner as
provisional adjusted income
Divisible loss arises, the loss will be allocated to the
individual partners according to the profit sharing
ratio
Current year partnership losses can be set off against
aggregate income of individual partners
Unabsorbed losses can be carried forward indefinitely
to be set off against future business income
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CHANGES IN PARTNERSHIP
If there is a change in profit sharing ratio during the
basis period ,the apportionment of divisible income
will be carried out on time basis
When a new partner is admitted or a old partner
withdraws, this would cause the old partnership to
cease and a new commencement of new partnership.
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CONTINUING PARTNERSHIP
Where there is a least a person who is the partner in an
old partnership and continue to be a partner in the new
partnership, the partnership business is treated as
continuing, even if the changes takes place mid way
through the accounting year
The continuing partner is deemed to have a continuing
source of business income.
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ADMISSION OF A NEW PARTNER
New partner admitted into a existing partnership and
the partnership continues to prepare the accounts to its
normal year end, the Director General will direct the
basis period for the new partner for the first YA from
the date of entering into the partnership
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CAPITAL ALLOWANCE
Capital allowance claim is attributable to the individual
partners instead of the partnership
The capital allowance is allocated in accordance to the
profit sharing ratio of the partners
Since capital allowance is calculated at year end, new
partners will enjoy a full years allowance while retiring
partners will not be entitled to any allowances
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ASSETS PURCHASES BY A
PARTNER AND SOLELY USED BY
HIM
A partner may personally incur the qualifying
expenditure and use it in the partnership business, the
whole capital allowance will be given to that partner
only
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NON-BUSINESS INCOME FROM
PARTNERSHIP
Where the partnership receive non-business income such as
dividend, rental or interest, it would be computed separately
from the provisional income
The adjusted income from other sources will be apportioned
among partners in accordance to their profit sharing ratio.
Approved donation made by the partnership will be divided
among partners in accordance with their profit sharing ratio
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TAX ADMINISTRATION
Partnership is required to file form ‘P’
The responsibilities lies on the principle partner
Each individual partner will include their share of
statutory income in their form ‘B’
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Question &
Answer
Session
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