A Study On The Current Status And The Future Development Of The Limited Partnership Act

• Main Authors: CHEN, YU-TING, 陳昱廷
• Other Authors: LIU, LEN-YU
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/pehh2y

碩士 === 國立臺北大學 === 法律學系一般生組 === 105 === One of the most significant characteristic of the limited partnership is that it’s formed under the contract which signed by all the parners, including general partner(s) and limited partner(s). In contrast to other business structures, limited partnership provides a flexible structure for entrepreneurs to shape, in order to meet the needs of the entrepreneur’s business model. It’s allocation of power between the entrepreneur(s) and the investor(s) and simplified fund raising process also make limited partnership a preferable business structure. But the number of registration of the limited partnership has not meet the expectation, the taxation issue is considered the main reason to it. The taxing process of the limited partnership in Taiwan is the same as the corporations, which means the limited partnership has to pay the “business income tax” and the partner(s) has(have) to pay the “personal income tax” though the revenue has been taxed before, the situation is also known as “double taxation”, which is different from the “pass-through taxation” under the United State’s legal system. Limited partnership has its reputation under other legal systems and the main structure of it can definitely give aid to the businesses in Taiwan as long as some adjustment to current status of the act, so the purpose of the study is to find out the reasons why the limited partnership is not welcoming in Taiwan, including the taxation issue. After finding out the reasons, the study will try to give suggestions for further amendment. Keywords: Limited Partnership, Taxation, Flexible Structure, Entrepreneurship.