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WHY CHOOSE A PARTNERSHIP?

Partnerships and LLPs are ideal business structures for a wide range of sectors and activities, from agriculture to property, professional services to joint ventures. Their flexibility makes them popular amongst businesses and entrepreneurs, but they are subject to very specific tax rules which have become increasing complex. 

Our specialist team will use their knowledge and experience to advise your partnership and support you as individual partners with your personal finances. We’ll give you the peace of mind that your tax reporting is accurate and up to date and support you with proactive specialist advice to help you make decisions with confidence. 

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WHY CHOOSE A PARTNERSHIP?

PARTNERSHIP OR LLP – WHAT’S THE DIFFERENCE?

General Partnerships are subject to much less regulations than LLPs. Two or more people can run a business together and share in its profits and costs, according to their partnership agreement. They’re each taxed on their share of the profits as personal income. However, they each have unlimited liability for the partnership’s debts and obligations, including those of any partners who have since left the business. 

An LLP (Limited Liability Partnership) is a separate legal entity registered at Companies House and does exactly what it says: protects the individuals in the partnership from its debts and obligations. A possible exception to this is if an individual personally guarantees a debt or liability, to a bank or supplier. The LLP operates according to its registered LLP agreement, but the tax treatment is, in most cases, the same as a straightforward partnership: each individual’s share of the profits is taxed as personal income. 

There are other partnership options including a Limited Partnership and Scottish Limited Partnership and we can explain the benefits of these and which vehicle is most suited to your circumstances. 

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PARTNERSHIP OR LLP – WHAT’S THE DIFFERENCE?

OUR SUPPORT AT A GLANCE

Our experienced team can support all your partnership needs. We will:

  • Advise on structuring your partnership and the pros and cons of partnership or LLP. 
  • Explain partners’ individual tax liabilities, including advising new partners on the opening year rules, and identifying individual tax and financial planning opportunities. 
  • Manage the partnership’s tax liabilities to ensure only the correct tax is paid and sufficient tax reserves are maintained for each partner. 
  • Advise on the disposal of partnership assets or changes to partnership profit sharing arrangements. 
  • Help with exit strategies for retiring partners, including Capital Gains and Inheritance Tax mitigation. 
  • Help with accounts preparation, audit (for LLP’s only) and partnership tax. 
  • Help each individual partner complete and submit their SA100 Self- Assessment Tax Return, including page SA104 which declares your share of the partnership. 
  • Help you prepare and submit your VAT Returns if your annual taxable turnover exceeds the VAT registration threshold. 
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OUR SUPPORT AT A GLANCE

BUSINESS PARTNERSHIP TAX

Even if you are already self-employed and registered with HMRC, you will need to register the new partnership. Ideally this should be when you start trading, but certainly no later than 5th October after the end of the tax year when you started. If your partners aren’t already registered as self-employed, they must each do this too. 

Business partnership tax or tax in an LLP is similar to self-employment; each partner is taxed individually on their share of the partnership’s profits. If you’re already self-employed, you’ll be familiar with tax based on profits and losses, and with putting money aside for the tax bill that will inevitably arrive. The difference is that now your expenses need to be included in the partnership’s accounts for you to benefit from tax relief on your share of the profits. The arrangement is similar for capital allowances on equipment or motor vehicles you buy for use in the partnership.  

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BUSINESS PARTNERSHIP TAX

COMPANIES AS MEMBERS IN LLPS AND EMPLOYEES IN LLPS

Unlike Limited Companies, partnerships and LLPs don’t have directors, shareholders or guarantors. However, it is possible for a Limited Company to be a member of an LLP. In this case, the company pays corporation tax on its share of the profits, which can be withdrawn as dividends.  

To close a tax loophole, legislation was introduced to treat certain members in an LLP as Salaried Members who would be subject to same tax treatment as employees in companies, with PAYE, employer NICs, statutory sick pay and so on.

To be a Salaried Member, they would have to fulfil three conditions, otherwise they would still be treated as self-employed members for tax purposes. We can explain this and advise if it affects you and how to mitigate against it.

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<span>COMPANIES AS MEMBERS </span> IN LLPS AND EMPLOYEES IN LLPS
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We help businesses at every stage of their lifecycle manage their people and finances, using technical innovation to maximise efficiency and value. We serve a global portfolio of SME and large corporate clients across twelve key sectors. Specialist support is also available for family businesses and individuals. Our passionate team is our greatest strength, operating with a culture driven by a genuine commitment to client success. AAB operates from offices in the UK, Ireland, and Internationally.

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