The association of two or more persons to act as co-owners of a business for profit forms a partnership, whether or not the persons intend to form a partnership.

[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 of

a) a debt by installments or otherwise;

b) services as an independent contractor, wages, or other compensation to an employee;

c) rent;

d) an annuity or other retirement or other retirement benefit to a beneficiary, representative, or designee of a deceased or retired partner;

e) 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

f) the sale of the goodwill of a business or other property by installments or otherwise.]

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