Dissolution of a partnership

Dissolving a partnership is a significant decision that will affect both you and your partner/s.

Generally a partnership can be dissolved if all partners agree to the decision, or in the following circumstances:

  • It has become illegal (eg: if a partner can no longer legally own a business);
  • A partner gives written notice to the other partners;
  • A court order requires the partnership to end;
  • The life of the partnership has expired; or
  • Any partner dies or becomes bankrupt.

Once you and your partner/s have agreed to dissolve the partnership you need to consider the following questions:

  • Will the business continue to operate once the partnership is dissolved? If so what will be the new business structure?
  • If the business will continue to operate, have the new owner/partners applied for a new ABN and GST registration?
  • Does the partner selling their interest have CGT to pay?
  • If the remaining partner/s will acquire the leaving partner's interest do they need to pay transfer duty ?
  • Have you closed the partnership books and completed a final tax return and BAS?
  • Have you closed the partnership bank account?
  • Are there any other personal or business related accounts and loans that will be affected by the change in business?
  • Have the insurance policies been cancelled?
  • Have you notified all of the relevant parties? This could include signatories of any ongoing contracts, the bank, customers, the landlord, debtors, creditors, local council, regulators…etc
  • Have you lodged a “ Statement of Change in Registered Particulars ” with the Department of Commerce within one month after the change?

What's next...

131 BIZ - The Small Business Specialists
© 2012 Small Business Development Corporation (All Rights Reserved) Home | Privacy | Disclaimer | Copyright