Starting any business can be a huge undertaking. However, starting a business with a partner can be even trickier because you have two people that are likely both very passionate about the company and may have differing opinions about certain aspects of it.
There are approximately 21 million businesses in the U.S. that have only one employee, while about 5 million have between one and nine employees. This stark contrast occurs for good reason: running a business as a partnership can be a challenge.
Creating a partnership from a legal perspective is the simple part; it is making the commitment and working together to create a framework that can be difficult. Creating a partnership agreement, even if you do not have a more formal business structure, is a critical aspect of any partnership that you should not overlook.
Perhaps the greatest benefit of having a partner in your business venture is having someone who can share the workload of starting your own business with you. It can be extremely difficult to do everything on your own, and having someone to share your burdens can be very beneficial.
Having a partner also means that you can both pool your resources, skills, and experience together. One of the major reasons that businesses fail is because the business owners do not have experience running a business and are unsure of what to do. Having a partner, particularly one that has business experience if you do not, can significantly decrease this type of risk.
You have likely heard the saying that “two heads are better than one.” The same rationale applies to business ventures. Having the right partner can help you be more creative and plan more effectively. When two people work on the same project, they are bound to have differing opinions and viewpoints, which can be helpful for growth and allow the company to thrive.
Interestingly, many of the drawbacks of having a partner spring from aspects that could also be considered benefits. Differences of opinion can lead to irreconcilable clashes that may threaten the partnership. Personalities, goals, and passions can all play a huge role in the business relationship, and they may be the reason that a partnership ultimately fails.
Many people compare partnerships to marriages—you need to be sure that you are compatible before you make a commitment. You will be spending a lot of time with your partner as part of this venture, so be sure that you have chosen the right person.
In some instances, you may not be able to make decisions regarding the business without consulting the other partner. This process can make decision-making time consuming and inefficient. You can combat this potential drawback by allowing one partner to make all of the day-to-day matters or only requiring consultation on bigger decisions.
The “right” partner for you is going to depend a lot on your personal preferences, skills, and characteristics. There is never a one-size-fits-all solution to what type of individual will work best as a business partner. However, you can still look for specific qualities and traits that may be more desirable than others.
If you are starting a business with a partner, it is especially important to sit down and create a business plan. While a business plan is a good idea with any venture, it is particularly vital when you are going into business with someone else.
There are no legal formalities that you absolutely must meet to create a partnership. Instead, a partnership is essentially formed when you say it is—or when you start acting as a joint venture. However, you should still create a partnership agreement to help you and your partner define the rights, roles, and responsibilities that each individual holds. The partnership agreement should generally address the following information:
You may also want to include additional information that relates to the agreement itself, such as which state’s law will apply to the agreement, how disputes will be resolved, and whether each portion will be considered severable if any other portion is determined to be invalid under the law.
Partnership agreements can solve many disputes before they become real problems. They can also force the partners to talk about difficult subjects ahead of time. Sometimes, discussing these issues can make you realize that this type of venture is not the right option for you or that the prospective partner may not be the right choice for your business.
Even though you do not need to file any formal documents with your state to create a general partnership, you must still comply with the licensure and permit requirements for a business of your type. You should use the company’s name and contact information (instead of an individual partner’s information) to obtain these permits and licenses. Necessary filings for these items can vary widely by state, county, city, and industry. Take some time to examine local laws for your industry to determine situations where you may need a permit or license to ensure you are complying with legal requirements.
General partnerships are “pass-through” entities. That means that the income generated from the venture will end up on your personal tax return. However, unlike a sole proprietorship, you must also report your income and expenses to the IRS using a separate tax form: Form 1065. Then, each partner will receive a Form K-1 that he or she will use to report the income from the partnership on their individual tax return.
Partnerships do not have separate tax rates like a corporation would, but they are required to take this additional step in tax filing to report their income. Individual partners will often be liable for self-employment taxes as well. As a result, partners will usually have to pay estimated quarterly taxes.
When most people think of a partnership, they think of a general partnership, which has at least two owners and is essentially an extension of those individuals. However, you can actually have a partnership within other business structures as well.
For example, general partnerships do not offer any asset protection. As a result, partners may want to consider forming a limited partnership, LLC, or corporation. Forming an LLC converts the “partners” to “members,” but otherwise the individuals’ roles are the same. In a corporation, the owners become “shareholders,” which can complicate their ownership, but it can be structured very similarly to a partnership regarding management and sharing in profits and losses.
Forming an LLC, or any of these other entities, is a much more formal process than creating a general partnership, but the ideas are essentially the same. The formation documents set out the roles and responsibilities of the owners and indicate how profits and losses will be allocated. In creating any of these other entities, however, there may be compliance requirements that you must meet under state law that would not apply when creating a simple general partnership, including holding annual shareholders’ meetings and meeting internal record-keeping requirements.
Creating business documents from scratch can be extremely intimidating. LegalNature can help you to create tailored documents that work for your situation and comply with applicable legal requirements. Create your business formation documents today.