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LLPs await tax liability rise

07 January 2014
Issue: 7589 / Categories: Legal News
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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
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Kingsley Napley—Claire Green

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Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

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Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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