{"data":{"id":"us-sc/s.c.-code-ann.-33-41-220","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 33-41-220","heading":"Determining existence of partnership.","body":"In determining whether a partnership exists, these rules shall apply:\n(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;\n(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;\n(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\n(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\n(a) as a debt by installments or otherwise,\n(b) as wages of an employee or rent to a landlord,\n(c) as an annuity to a widow or representative of a deceased partner,\n(d) as interest on a loan, though the amount of payment vary with the profits of the business or\n(e) as the consideration for the sale of the good will of a business or other property by installments or otherwise.","path":["Title 33 - CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS","CHAPTER 41 Uniform Partnership Act","ARTICLE 3 Nature of Partnership"],"source_url":"https://www.scstatehouse.gov/code/t33c041.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T07:04:24Z","sha256":"8b2335337490d7afa506a847c312c69f99fac7498eb46d42c64d8fa175a67776","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-33-41-210","next":"us-sc/s.c.-code-ann.-33-41-230"},"notice":"GroundRules: Original legal text. Not legal advice."}