§ 33-41-220 — Determining existence of partnership.

In determining whether a partnership exists, these rules shall apply: (1) Except as provided by SECTION 33-41-380 persons who are not partners as to each other are not partners as to third persons; (2) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profit made by the use of the property; (3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived; and (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment (a) as a debt by installments or otherwise, (b) as wages of an employee or rent to a landlord, (c) as an annuity to a widow or representative of a deceased partner, (d) as interest on a loan, though the amount of payment vary with the profits of the business or (e) as the consideration for the sale of the good will of a business or other property by installments or otherwise.

Legislative History

HISTORY: 1962 Code SECTION 52-12; 1952 Code SECTION 52-12; 1950 (46) 1841.