When Does Co-Ownership Become a Partnership
Topics discussed
Introduction: Everyday partnership questions
Basics of partnerships and filing requirements
Cunningham & Cunningham: Conceptual guide to partnerships
Distinguishing co-ownership from a business partnership
Federal vs. State law and entity classification
Historical case law on artificial partnerships
When a partnership is formed: Intent and contribution
Supreme Court precedents: Tower and Culbertson
Factors courts use to determine partnership intent
Pre-operating activities and formation timing
Relationships that do not qualify as partnerships
Electing out of Subchapter K treatment
Qualified Joint Venture election for spouses
Spousal LLCs in community property states
Framework for determining if a partnership exists
Case study: Short-term rental co-ownership
Conclusion and preview of next episode
Listen ad-free on Castria