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Corporate profit = operating income (e.g., revenue from the sale of goods) - operating costs (e.g., cost of producing products) - business taxes and surcharges - sales expenses (e.g., sales staff salaries, advertising expenses) - administrative expenses (e.g., management salaries, regular expenses of management departments) - financial expenses (e.g., interest on loans) + investment income (e.g., purchase income) + fair value change gains and losses (e.g., investment real estate price increases) + non-operating income (e.g., state appropriations) - non-operating expenses (e.g., corporate fines) - income tax expenses.
Positive is profitable, negative is loss.
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The two parties should make an agreement. Is it borrowing or investing:
If it is a loan, then both parties should sign a loan agreement in advance to clarify the loan principal, annual interest rate and loan term;
If it is an investment fund, then both parties should sign an investment agreement in advance to clarify their respective shares, and generally the amount of profit and loss is calculated according to the proportion of the investment amount, and the formula can be calculated as follows:
1) The proportion of your investment amount %=20 23*100%;
2.The proportion of your friend's investment amount % = 20 23 * 100%.
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The percentage of your friend's investment should be =3 23*100%.
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The tax law seems to stipulate that investment income between resident enterprises can not be subject to income tax, but at the same time, the profits of the enterprise itself cannot be deducted.
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The method of distribution and sharing of profits and losses of a partnership is as follows: a general partnership shall not distribute all profits to some partners, nor shall it share all losses among some partners. A limited partnership may distribute all profits to some of its partners, but may not share all losses among some of its partners.
The specific distribution and contribution plan can be agreed in the partnership, and it is not necessary to distribute and share according to the share of capital contribution.
Characteristics of the partnership:
1. Life is limited
Partnerships are relatively easy to set up and dissolve. When the partners sign a partnership agreement, the partnership is declared. The addition of new partners, the withdrawal of old partners, death, voluntary liquidation, bankruptcy liquidation, etc., can lead to the dissolution of the original partnership and the establishment of a new partnership;
2. Unlimited liability:
The partnership as a whole has unlimited liability to creditors. According to the responsibilities of the partners to the partnership, the partnership can be divided into general partnership and limited partnership. The partners of a general partnership are all general partners and are jointly and severally liable for the debts of the partnership.
For example, when the partnership enterprise established by A, B and C goes bankrupt, when A and B have no personal assets to pay off the debts owed by the enterprise, although C has repaid the apportionable debts in accordance with the contract, he is still obliged to use his personal property to pay off the apportionable partnership debts owed by A and B, and of course C has the right of recourse against A and B at this time. A limited liability partnership is composed of one or more general partnerships, any one or several partners with limited liability, that is, at least one of the partners has unlimited liability for the business activities of the enterprise, while the other partners can only bear the liability for repaying debts to the extent of their capital contributions, so such partners generally do not directly participate in the operation and management activities of the enterprise;
3. Mutual **:
The business activities of a partnership are jointly decided by the partners, who have the right to execute and supervise. Partners can nominate the person in charge. The business activities of the person in charge of the partnership and other persons shall be borne by all partners.
In other words, the economic actions of each partner on behalf of the partnership are binding on all partners. As a result, disputes between partners are more likely to arise;
4. Co-ownership of property:
The property invested by the partners shall be managed and used by the partners in a unified manner, and no partner shall transfer the partnership property for other purposes without the consent of the other partners. Partners who only provide labor services and do not provide capital are only entitled to share a part of the profits, but not to share in the partnership property;
5. Benefit sharing
The property acquired and accumulated by the partnership in the course of production and business activities shall be jointly owned by the partners. If there is a loss, it will also be borne by the partners. The proportion of profit and loss distribution should be clearly stipulated in the partnership agreement; If it is not specified, it can be apportioned according to the proportion of the partner's capital contribution, or it can be apportioned equally.
Unless otherwise specified, partners who use their services as capital generally do not share the losses.
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Article 33 The distribution of profits and losses of a partnership enterprise shall be handled in accordance with the provisions of the partnership agreement; If the partnership agreement is not agreed upon or the agreement is not clear, the partners shall decide through consultation; If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.
The partnership agreement shall not stipulate that all profits shall be distributed to some of the partners or that some of the partners shall bear all losses.
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Dear <> will be happy to answer your questions. How does a two-person partnership calculate losses and expenses borne by each of them? If there is an agreement in the partnership contract, it shall be handled in accordance with the agreement; If there is no agreement or the agreement is unclear, the partners shall decide through consultation; If the negotiation fails, the partners shall share the shares according to the proportion of paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be shared equally by the partners of Luzi.
Legal basis: Article 972 of the Civil Code of the People's Republic of China The distribution of profits and losses of a partnership shall be handled in accordance with the provisions of the partnership contract; If there is no agreement in the partnership contract or the agreement is not clear, the decision shall be made by the partners through consultation; If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.
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Hello dear, the legal analysis of the losses and expenses borne by the two partners can be calculated in this way: if there is an agreement in the partnership contract, it shall be handled according to the agreement; If there is no agreement or the agreement is unclear, it shall be decided by the partners of the leasing liquid; If the negotiation fails, the partners shall share the shares according to the proportion of the paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be shared equally by the partners. Legal basis:
Article 972 of the Civil Code of the People's Republic of China The distribution of profits and losses of a partnership shall be handled in accordance with the provisions of the partnership contract; If there is no agreement in the partnership contract or the agreement is not clear, it shall be decided by the joint partner through consultation; If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.
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