Separate business meaning

The Office of Trade Sanctions Implementation (OTSI) OTSI sits within the Department for Business and Trade (DBT). It supports businesses to navigate UK trade sanctions, exercises civil enforcement powers for specified breaches, and serves as the licensing authority for particular trade sanctions licences. These include licences covering the provision and procurement of certain standalone sanctioned services, as well as specific export-related prohibitions relating to goods and associated ancillary services. In the UK, responsibility for trade sanctions licensing is divided among different licensing bodies, determined by whether the activity concerns standalone services, goods, ancillary services, or imports. If the activity you intend to undertake falls within the remit of more than one authority, you may need to submit separate licence applications. See further Practice Note: Licences and exceptions in trade sanctions. This Checklist highlights key requirements and practical recommendations designed to make your application smoother and quicker for both you and OTSI. It also contains a section for you to indicate whether each requirement has been met, alongside...

This table sets out a comparison of the tax treatment for: sole traders; partnerships (for these purposes covering general partnerships, limited liability partnerships (LLPs) and limited partnerships); and companies. It does not take into account any reliefs or exemptions that might be available to specific taxpayers, nor any anti-avoidance provisions that could apply in particular situations. For rates and thresholds in the current tax year, see Practice Note: Key UK tax rates, thresholds and allowances. For further detail on the tax position of each business vehicle, see Practice Note: Forms of business vehicle—tax summary. For more on selecting between business vehicles, see Practice Note: Tax influences on choice of business vehicle. Point of comparison Tax treatment Sole trader: Not a separate taxable entity — the sole trader is taxed personally on their trading activities. Partnership: Not a separate taxable entity — a partner is taxed as an individual on a notional trade reflecting their share of the partnership. Company: A separate...

Arrangements under section 110 of the Insolvency Act 1986 (IA 1986) (section 110 arrangements) Section 110 arrangements are frequently adopted to separate a company’s business and/or assets into distinct undertakings. They are available only within a voluntary liquidation and, with appropriate planning, can be notably tax‑efficient. In essence, a section 110 arrangement is a three‑party framework between: the company in liquidation (the Transferor), acting through its liquidator (the Liquidator) a newly incorporated entity acquiring some or all of that business and/or assets (the Transferee) the Transferor’s shareholders Typically, the Transferor’s shareholders receive, via the Liquidator, an in specie distribution in the winding up comprising shares in the Transferee, which make up all or part of the consideration for the transfer. Business or asset splits can be effected and, accordingly, there may be more than one Transferee. For further detail, see Practice Note: Insolvency Act 1986 section 110 arrangements. The table below outlines certain steps that may be taken to...

In this issue: Financial sanctions AML, CTF & counter-proliferation financing Economic crime Data protection Other Practice Compliance updates this week Daily and weekly news alerts Trackers New and updated content Financial sanctions OFSI updates Enforcement and Monetary Penalties guidance The Office of Financial Sanctions Implementation (OFSI) has revised its Enforcement and Monetary Penalties guidance, with most changes focused on chapter 3 covering case assessment. The revision sets out how ‘case factors’ are considered and allocated when scrutinising suspected financial sanctions breaches. Two separate factors have been added: ‘knowledge, intention and reasonable cause to suspect’ and ‘co-operation’. OFSI also notes a change in chapter 6 regarding the delegation of ministerial reviews of monetary penalties. See: LNB News 02/05/2024 20. AML, CTF & counter-proliferation financing The Law Society reports two-fifths of laundered money is through property The Law Society highlights new Europol findings showing that 41% of organised crime networks launder proceeds via...

Liberty Mutual Insurance Europe Se and other companies v Bath Racecourse Company Ltd (and 21 other Claimants listed in Appendix 1 to the Particulars of Claim) and other cases [2025] EWCA Civ 153 What are the practical implications of this case? Composite policies are often adopted as an efficient way to cover multiple insured parties, especially members of corporate groups, within a single policy instrument. The Court of Appeal’s reasoning that such a policy operates as a bundle of distinct insurance contracts between the insurer and each insured, together with its ruling here that each insured enjoyed a separate limit of indemnity, signals that limits in composite wordings will usually be treated as attaching to each individual contract, unless the language expressly provides that the limit is aggregated across all insureds under the composite arrangement. The court’s finding that insureds had to give credit for furlough monies is expected to carry broad market consequences for COVID-19 BI claims. The Court of Appeal’s outcome turned on the construction of...

In this issue: Trusts Court of Protection UK taxation for Private Client Updates to HMRC Manuals Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Budgets and Finance Bills Family enterprises and ownership frameworks Disputed trusts and estates Pensions, insurance and tax-efficient investments Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Trusts HMCTS issues guidance on applications to recover funds paid into the High Court, Chancery Division HM Courts & Tribunals Service (HMCTS) has issued guidance on making applications to recover money held by the High Court (Chancery Division). Released on 18 December 2025, the guidance covers three situations: surpluses from property repossessions when entitled parties cannot...

Family office The phrase ‘family office’ spans a wide array of circumstances, so there is no universally agreed definition. The Family Firm Institute, however, characterises a family office as: ‘A separate entity apart from the operating business (and sometimes created with the assets realised after the sale of a family enterprise) consisting of a diversified wealth portfolio held for the benefit of the family’ (Family Enterprise; understanding Families in Business and Families of Wealth Wiley 2014 (not reported by LexisNexis®)). Such offices are largely, and more commonly, the preserve of high net worth—indeed ultra high net worth—families (ie those with investable assets above $30m), with varied holdings and complex affairs. That complexity can create scope for disputes. Nonetheless, with a well-designed structure supported by a clear strategy and effective family governance, a family office can yield substantial advantages. These benefits accrue not only to the family members themselves but also, through coordinated philanthropic efforts, to the broader community. Likely features of a family office include: a...

Business In periods of economic unpredictability (eg arising from high inflation and/or wider instability), organisations frequently cut costs. This can involve shedding contractual obligations and resolving legal disputes, but also purchasers seeking to withdraw from deals—for example, where a business or asset acquisition that seemed compelling to a buyer a couple of years or even months earlier becomes far less attractive. Yet unpicking an acquisition is rarely straightforward and, if not managed with care, can produce unforeseen tax consequences. This Practice Note outlines the tax issues that may emerge where a business or asset sale is unwound after signing and after certain assets and liabilities have already been transferred. It proceeds on the assumption that the buyer and seller are unconnected, are both UK tax resident, and are large corporate entities. For detail on the tax considerations relevant to undoing a share sale, see Practice Note: Unwinding a share sale—key tax consequences. For discussion of tax considerations relevant to an asset sale—many of which also apply when reversing an...

Follow the link below to download the presentation. Contents Updates to APR/BPR Transfer between spouses Reasons asset targeting falls short APR/BPR trust clause Funding the trust Case study Case study solution Anti‑fragmentation Administration checklist Client communications Pitfalls and risks Summary These PowerPoint slides are designed as a foundation for a training session on Agricultural and Business Property Relief for the relevant fee earners. The presenter can tailor them—by trimming or expanding the points—to match the audience. How to use these slides Allow around two minutes per slide, and use the case study for a 20‑minute breakout. If more depth is required, the content can be delivered over two or three separate training sessions. Further reading Autumn Budget 2024—Private Client analysis Hot topic—the reform of business property relief and agricultural property relief Change in the approach to IHT planning for farmers Tax—Finance Act 2026...

As offerings become more technologically advanced and include integrated systems and features, assessing whether tying or bundling might be seen as anti-competitive grows more complex. This checklist is designed to help you weigh key competition law considerations before linking or packaging products. Always seek advice from [ insert, eg the legal team ] where indicated below, and if you have any queries or concerns... 1 Products and market Evaluate whether the items proposed for a bundle or tie are genuinely separate products. Can the products being bundled or tied be treated as distinct offerings? Yes — consult [ insert, eg the legal team ], as bundling may adversely affect suppliers of stand‑alone products and thus harm competition No — [Insert comments] Do other organisations in the market use bundling and tying?...

This Agreement is entered into on [ date ], between the following: Parties [ insert name ], being of [ insert address ] OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] ([ Party A ]); [ insert name ], being of [ insert address ] OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] ([ Party B ]); (together, the Parties, and each, individually, a Party). Background [ Party A ] is engaged in the business of [ insert description of Party A’s business ]. [ Party B ] operates in the business of [ insert description of Party A’s business ]. The Parties have agreed to collaborate in a programme of research and development work in relation to [ insert...

1 The separate business Name of the separate business: [ insert name ] Relationship between this firm and the separate business: [ describe relationship, eg the partners of this firm collectively own 50% of the separate business ] Do any of the following factors apply: you use the same or a similar name, branding, or staff as the separate business your premises are shared with, or situated close to, the separate business you have shared or linked websites or contact details with the separate business you will (or might) carry out joint publicity with the separate business the separate business will deliver legal services that consumers may expect a lawyer to provide clients seeking legal services will be directed first to the separate business the name or branding of your firm and the separate business are alike ☐ Yes ☐ No If yes, you will need to take extra care at section 3 to...

In financial remedy proceedings, it is usual for one party to earn on a self-employed footing as a sole trader in practice. Instead of using a separate legal personality, for example a company acting as the primary earning vehicle and paying salary and dividends, they trade in a chosen style or their own name and settle personal income tax on profits. Business costs are set off in the ordinary manner, and accounts are normally drawn up for this very purpose. Some sole traders simply run income and outgoings through a personal bank account, while others prefer to operate from a separate, dedicated business account...

Personal service of a divorce petition It is inferred that this Q&A concerns personal service of a divorce petition, given the mention of the ‘petitioner’. As a starting point, a divorce petition is commonly served on the respondent by first class post. That said, Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.4 permits service of a divorce petition by other means, namely: personal service pursuant to FPR 2010, SI 2010/2955, 6.7 alternative service providing delivery on the next business day under FPR 2010, PD 6A where FPR 2010, SI 2010/2955, 6.11 applies (the respondent has a solicitor acting and the applicant has written notice that the solicitor is instructed to accept service of the application), service via document exchange (DX) See Practice Note: Service of applications for matrimonial and civil partnership orders within the jurisdiction...

The Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regulations), SI 2012/3118 The Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regulations), SI 2012/3118 have applied since 9 January 2013. They place specific duties on owners of buildings they plan to sell or let to third parties. They implement Directive 2010/31/EU of the European Parliament and of the Council dated 19 May 2010 on the energy performance of buildings. It is useful first to consider what is meant by a building under the EPC Regulations, SI 2012/3118. Under reg 2(1), a building is a roofed structure with walls where energy is used to regulate the indoor climate, and this will generally also cover a building unit within that building. The same regulation provides that a building unit is a section, storey or apartment within a building designed or adapted for separate use. It follows that the term extends to any building fitted with some form of heating or air-cooling plant that consumes energy. In addition,...