Is IR35 applicable to corporate member of LLP?

Is IR35 applicable to corporate member of LLP?

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Where individual equity partner of a professional services LLP, foms company to receive his profit share can one assume that this relationship is not caught by IR35 as it is not a disguised employment? I assume the situation would be different it were a salaried partner or senior employee who provided his services in this way?

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By carnmores
05th Nov 2010 16:08

has he undisguised his employment by his actions

can he just pay the money into a limited company without the agreement of the other partners - one would hope not - might it not effect any capiatl allowance claims as well

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By nick farrow
08th Nov 2010 10:01

many thanks Carnmores & Kanye

Thanks for comments which I think confirms my understanding viz. if the individual had self-employed status prior to incorporation then the profits in the hands of the corporate partner won't be caught by IR35

I take your point re AIA

 

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