Legal Question in Business Law in Wisconsin
Partnerships
I'm in the process of buying a business. It is a partnership now and will be when myself and one other person take over. The name of Partnership will remain the same. My question is do we transfer the partnership to us or do we set up a new partnership under the same name as the old?
1 Answer from Attorneys
Re: Partnerships
Technically, what you are asking is: do we buy the
assets of the partnership or the interest in the
partnership owned by the current owners. The results
vary in a number of respects.
If you buy the assets, your purchase price automaticlly
gives you a new basis to depreciate. Otherwise, a
tax election may be necessary. If you buy the entity,
you may take over licenses, etc., that won't require
relicensing. However, in an entity purchase, you may
find you are a sucessor to any liabilities of the
entity, as well.
There are a raft of legal liability and tax liability
issues associated with the answer to this question.
You should hire a competent lawyer and a good CPA to
assist you in your contemplated transaction.
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