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UK tax update, 20 February 2025: LLP salaried member guidance change; Court of Appeal 'exceptional circumstances' residence ruling; Supreme Court DTT oil payments decision; VAT 'bar'; HMRC and Finance Bill

Published on: 20 February 2025

Published by a LexisNexis Tax expert
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Partnerships

HMRC guidance on condition C of the LLP salaried member rules

HMRC has agreed to revise its guidance on how condition C of the LLP salaried member rules applies within sections 863A–863G of the Income Tax (Trading and Other Income) Act 2005 (ITTOIA 2005). This revision follows discussions with the CIOT about the operation of the contribution criterion requirement in particular. HMRC has told the CIOT that its stance remains that the TAAR is engaged where the primary purpose, or one of the principal purposes, of the arrangements in question is to ensure the Salaried Member Rules are disapplied. When assessing this, HMRC will continue to have regard to the policy intent underpinning the legislation, namely to set out a suite of tests that, taken together, reflect what it means to function as a conventional partnership...

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