§ 4-46-202 - Formation of partnership.
               	 		
4-46-202.    Formation of partnership.
    (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.
(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.
(c)  In determining whether a partnership is formed, the following rules apply:
      (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.
      (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.
      (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:
            (i)  of a debt by installments or otherwise;
            (ii)  for services as an independent contractor or of wages or other compensation to an employee;
            (iii)  of rent;
            (iv)  of  an annuity or other retirement or health benefit to a beneficiary,  representative, or designee of a deceased or retired partner;
            (v)  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
            (vi)  for the sale of the goodwill of a business or other property by installments or otherwise.