LLPs and Salaried Partners

I have a client who is currently working via a managed service company, earning salary and dividend and claiming various expenses related to the jobs he undertakes. He works in a fairly specialised role for several client companies and his "jobs" can last anything from a couple of days to a couple of years, often running concurrently with each other. He is looking at his options in April when HMRC bring in the new MSC legislation. He has already decided that incorporating his own Ltd Co is an absolute last resort as he does not want the hassle or responsibility of being a director and having to oversee most of his own admin. His expected income based on last year will be borderline higher rate as well, just to complicate things!

He has been offered the option to join an LLP, where he will be paid via a combination of salary (they have said he will be a salaried partner and that his salary will be a minimum-wage level one) and profit-share on the balance of his gross weekly income, and has asked me for my opinion of the impact of such a scheme on his take-home pay. The advantage of this over continuing with his MSC is that he will still be able to claim the majority of his work-related expenses including mileage to his various projects.

I have told him I haven't a clue! But will do some research on his behalf and present him with some hopefully unbiased information. The first thing that appears to have come up is whether or not he can actually be a "salaried" partner and have profit share as well, it appears that he has to be one or the other.

The next thing is that assuming that this is the case and that as a salaried partner he will have to fund the partnership's employers NI on his wage out of his gross income, I feel that he would actually be marginally better off being taxed on his profit share anyway.

Your opinions and comments would be much appreciated, as I am groping in the dark here!
JoSie

Comments
There are 10 comments. Login or register to view them.

Based on JoSie's further information

Anonymous |

Form own company

Chris Smail |
Chris Smail's picture

confused........

Anonymous |

Neil - I think we are basically saying the same thing then

ACDWebb |
ACDWebb's picture

Yes, Alan

neileg |

Neil

ACDWebb |
ACDWebb's picture

Just a quick comment before going on leave

Anonymous |

Alan

neileg |

The terminology is inexact

Anonymous |

Just to restate some of roger's explanation

neileg |