header-logo header-logo

LLPs await tax liability rise

07 January 2014
Issue: 7589 / Categories: Legal News
printer mail-detail

Salary & equity partners to be impacted by changes to the status of LLP members

Changes to the status of LLP members this year will have “significant” financial consequences for salary and equity partners but there could be an upside, say tax experts. 

HMRC’s partnership tax reform for LLPs is due to come into effect on 6 April 2014, from when many junior, salaried or even equity partners in LLPs will be treated as employees, depending on their share of profits, influence and investment of own capital in the business. 

Dominic Vincent, insolvency partner at Weightmans LLP, says the proposed reform is “an unwelcome reminder to professional practices that despite their best laid plans unexpected financial pressures can still arise in the most efficiently run businesses”.

However, Peter Noyce, head of professional services at accountants Menzies LLP, says: “Re-classifying fixed equity, and perhaps even full equity, partners as employees would add considerably to national insurance costs, but there is a bigger picture to consider.

“Since the introduction of alternative business structures and resultant influx of well capitalised new entrants to the legal services market, the gearing of law firms has become a problem and made it harder for them to compete. However, under the government’s proposals a partner in an LLP will not be deemed as employed if their capital contribution is more than 25% of their expected profit share.

“In the months leading up to 5 April 2014, many partners will choose to inject capital into the LLP to protect their self-employed status. This would immediately give firms a more robust capital base, a stronger balance sheet and improved working capital.

“The proposed tax changes offer a second potential benefit for law firm finances. One of the criteria for avoiding employed status is that partner remuneration should depend on the firm’s profits. This requirement may encourage a more prudent approach to drawings.”

Issue: 7589 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll