The new rules affecting Salaried Partners in LLP's coming into force in April, whereby HMRC will seek to re-state salaried partners as employees, will this apply to salaried partners in 'normal' non LLP partnerships?
Logic tells me it will, but, as we all know logic is not always right!
Replies (4)
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It only applies to LLPs not general partnerships,
I don't think the actual new provisions have been published yet but here's ICAEW's take on it:
http://www.ion.icaew.com/TaxFaculty/post/LLP-salaried-partner-rules-conf...
Agreed
The new legislative rules only apply to members of LLPs.
The rules are drawn from the existing case law tests that already apply to conventional partnerships. See BIM82025.
I agree with Steve
The new rules only apply to members of LLPs. However, that's only because the existing legislation said that members of LLPs should be treated as self-employed for tax purposes. Therefore the usual tests as to whether someone is an employee or self-employed has always applied to partners in non-LLP partnerships. Those tests are different to the tests set out in the current draft legislation re LLP members.