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PARTNERSHIPS


HMRC has issued revised guidance notes for taxing LLP members. George Bull and Malcolm Cook consider whether the taxman listened to the profession’s concerns

Mark Baldwin considers the revised guidance on the new ‘salaried member’ rules, released last week by HMRC, that will treat members of an LLP as an employee for tax purposes in certain circumstances

The guidance concerns the salaried partner rules, which are due to come into effect on 6 April 2014. It explains that the purpose of the new rules is to ensure that LLP members, who are in effect providing services on terms similar to employment, are treated as ‘employees’ for tax purposes.

The City of London Law Society Revenue Law Committee and the ICAEW Tax Faculty have both called for a delay in the implementation of the proposed ‘salaried member’ partnership measures which are due to be included in Finance Bill 2014.

Gary Richards, chair of the Law Society’s tax law committee, has told the Finance Bill Sub-committee of the House of Lords that the proposed partnership measures (due to come into effect in April) will harm professional firms that operate as LLPs for genuine business reasons.

John Whiting explains why partnerships matter and sets out some quick wins on their taxation, as identified by the Office of Tax Simplification

The Office of Tax Simplification has recommended several ‘short-term fixes’ in an interim report on the taxation of partnerships.

The House of Lords economic affairs committee’s Finance Bill sub-committee heard evidence on 21 January from John Whiting, director of the Office of Tax Simplification.

The decision of the Upper Tribunal in Eclipse confirmed that the film partnership in that case was not trading. As Chris Bates and Judy Harrison explain, the decision is also important for what it tells us about the Upper Tribunal’s ability to hear appeals.

The House of Lords economic affairs committee’s Finance Bill sub-committee has invited the submission by 23 January of evidence on the taxation of partnerships.

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