Companies in partnership

By Tolley

The following Owner-Managed Businesses guidance note by Tolley provides comprehensive and up to date tax information covering:

  • Companies in partnership
  • Computation of taxable profits
  • Partnership accounts
  • Accounting period
  • Tax returns
  • Stamp duty / stamp duty land tax (SDLT) group relief

Insertion of corporate partners, usually as members of a limited liability partnership (LLP), has become a popular structure. This is partly in response to the additional rate of income tax payable by individuals, but also due to the flexibility for remuneration strategies provided by the company. Provided that cash is not required by the individual members, profit share can be allocated to the corporate partner and set aside until such time as it can be extracted hopefully at lower rates in future.

Targeted anti-avoidance legislation applies to counter planning involving mixed partnerships, ie where a partnership is made up of a mixture of individuals and non-individuals (eg a company). The rules require excessive profits allocated to a company to be reallocated to other individual partners. Excessive losses allocated to an individual partner are also subject to the rules.

ITTOIA 2005, s 850C; ITA 2007, s 116A

See the Introducing corporate partners and Partnership anti-avoidance provisions guidance notes for further details.

For general guidance on how profits are allocated between partners, see the Trading profits of a partnership guidance note.

For guidance on companies in partnership, see HMRC guidance PM40200 and PM40300.

More on Trading vehicles: