The participants should obtain tax advice about their participation in and the structure
of the joint venture. As a threshold issue participants should satisfy themselves that the
terms of their commercial relationship in fact constitute a joint venture for tax law
purposes and not a partnership.
It is important to note that the definition of “partnership” for tax purposes is broader
than at general law (see [1.1.3]). The tax definition of partnership includes persons who
are in receipt of income jointly, ie parties do not have to be in business together to be a
partnership for tax purposes. This is a particularly important concept where joint venture
operations include the production of a saleable product and the participants are proposing
to use the same marketing entity to sell that product. The marketing entity must be
engaged by each of the participants individually to sell its share of product rather than by
the joint venture collectively in order to maintain joint venture tax status