{"data":{"id":"us-id/idaho-code-30-23-202","jurisdiction":"us-id","citation":"Idaho Code § 30-23-202","heading":"FORMATION OF PARTNERSHIP.","body":"(a) Except as otherwise provided in subsection (b) of this section, the association of two (2) or more persons to carry on as co-owners a business for profit forms a partnership, whether or not the persons intend to form a partnership.\n(b) An association formed under a statute other than this chapter, a predecessor statute, or a comparable statute of another jurisdiction is not a partnership under this chapter.\n(c) In determining whether a partnership is formed, the following rules apply:\n(1) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not by itself establish a partnership, even if the co-owners share profits made by the use of the property.\n(2) The sharing of gross returns does not by itself establish a partnership, even if the persons sharing them have a joint or common right or interest in property from which the returns are derived.\n(3) A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment:\n(A) Of a debt by installments or otherwise;\n(B) For services as an independent contractor or of wages or other compensation to an employee;\n(C) Of rent;\n(D) Of an annuity or other retirement or health benefit to a deceased or retired partner or a beneficiary, representative, or designee of a deceased or retired partner;\n(E) Of interest or other charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral, or rights to income, proceeds, or increase in value derived from the collateral; or\n(F) For the sale of the goodwill of a business or other property by installments or otherwise.","path":["TITLE 30 CORPORATIONS","CHAPTER 23 GENERAL PARTNERSHIPS","PART 2 NATURE OF PARTNERSHIP"],"source_url":"https://legislature.idaho.gov/statutesrules/idstat/title30/t30ch23/sect30-23-202/","current_through":"2026 Legislative Session","vintage":"","retrieved_at":"2026-09-04T11:18:35Z","sha256":"0c9444be32102fde85150625eea9d6a15ae4a36a18615cea83e1f79cbb88d958","source_id":"us-id","stale":false,"prev":"us-id/idaho-code-30-23-201","next":"us-id/idaho-code-30-23-203"},"notice":"GroundRules: Original legal text. Not legal advice."}