What is an ’LLP’ and what tax advantages does it have?

What is an 'LLP' and what tax advantages does it have?

Limited liability partnerships ('LLP') were introduced in 2001 and offer a cross between a partnership and company structure. They were mainly introduced to offer large professional firms that trade as partnerships (accountants, lawyers, surveyors etc) the opportunity to benefit from limited liability, just as a company can. Put simply an LLP is a partnership which provides the partners with the benefits of limited liability - thus ring fencing their personal assets from any potential business creditors (just like a company would).LLP Book

Having said that, the LLP would be subject to the same asset protection limitations as a company would, and if for example the LLP was clearly being used for a fraudulent activity the courts wouldn't hesitate to look at the partners to make good any liabilities.

Partnership Structure

Although in general law an LLP is regarded as a 'body corporate' and is like a company, for tax purposes an LLP is normally treated as a 'partnership'.

Therefore an LLP will normally be regarded as transparent for tax purposes and each member/partner will be assessed to tax on their share of the LLP's income or gains as if they were members of a 'normal' partnership

Therefore if an LLP carries on a trade, each registered partner is taxable on the income they derive from the LLP as trading income.

This is a crucial difference from being a shareholder in a company. A company shareholder is regarded as a separate entity for both legal and tax purposes. An LLP however is a separate legal entity purely in legal terms.

Therefore a company shareholder is not (usually) taxed on the profits of the company, just the cash that is extracted from the company (either as salary/benefits or dividends). A member of an LLP is however taxed on his or her share of the profits that are generated by the partnership.

For a higher or additional rate taxpayer they would therefore pay 40% or 45% income tax on the LLP profits, whereas a company may pay corporation tax at a lower rate (19%). The problem with a company would be that although the rate of corporation tax is lower than the LLP's income tax rate to get the cash out of the company a further tax charge may then be payable (from April 6, 2022, 33.75% on a dividend extraction from a company for a higher rate taxpayer or 39.35% for an additional rate taxpayer).

It would therefore be only if either cash was retained in the company for business activities, if cash was extracted up to the higher rate tax band or if you were going to extract cash as a non UK resident, that a company could offer significant reduction in taxes on income generated.

Interest relief

In terms of interest relief, where an LLP carries on a trade, the members of the LLP who are individuals are entitled to claim interest relief on the loans they obtain in order to purchase a share in the partnership. There are additional conditions that would need to be satisfied (eg you must remain a partner to the date of the payment of the interest and must not recover capital from the partnership).

Note if the LLP was assessed as undertaking an investment business (eg property investment) no interest relief would be due.

Any interest relief would be claimed on your self assessment return and you could obtain a mortgage for this purpose.

Capital gains tax

As a share of an LLP is treated as a share in a 'normal' partnership, on a future disposal of the partnership the tax treatment would be the same as for a disposal of a partnership interest.

The main relief for a trading partnership is business asset disposal relief. On a future disposal of the partnership you may qualify for the lower 10% rate of CGT.

Note however that this will apply only to trading partnerships. If the LLP was classed as undertaking an investment, business asset disposal relief would not be due. This would effectively increase the CGT rate to 20% or 28% depending on the assets.

Other reliefs that a partner in an LLP may be entitled to include rollover relief and gift relief , (which are looked at in other articles).

Inheritance tax

Again, trading partnerships have an advantage as the members interest in this should qualify for business property relief ('BPR'). This can effectively eliminate the value of the partnership interest from the deceased's estate.

One point to watch out for is that if land or buildings are owned personally but are used by a partnership in which you are a partner the rate of BPR is reduced to 50%. If the IHT charge is significant it may be worthwhile considering transferring the land to a discretionary trust, provided the land is worth no more, after the 50% BPR than the nil rate band (currently £325,000).

Therefore in summary, LLP's offer a good 'halfway house' between a partnership and companies and can be very useful.

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Refunds of LBTT When a Lease is Ended
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Scottish tenants could obtain a refund of some of the land & buildings transaction tax (LBTT) paid when a lease is ended. We look at when and how this can occur in this article.... keep reading

Determining tax residence for tax year 2021/2022
28/11/2022Determining tax residence for tax year 2021/2022

Determining tax residence status for the 2021/2022 tax year requires a consideration of the statutory residence test. HMRC have issued specific clarifications for determining residence status for the 2021/2022 tax year.... keep reading

Deductibility of Deal Fees after a Recent Court Decision
25/11/2022Deductibility of Deal Fees after a Recent Court Decision

In this article we take a look at how a recent court decision impacts on the tax deductibility of deal fees.... keep reading

How SME's can use the Patent Box to Reduce Their CT Rate to 10%
24/11/2022How SME's can use the Patent Box to Reduce Their CT Rate to 10%

In this article we look at the Patent Box scheme and how small & medium sized companies can use this to reduce their corporation tax rate to 10% on qualifying profits.... keep reading

FREE DOWNLOAD - Buy-To-Let Tax Planning In 2022/2023
23/11/2022

Buy-To-Let ("BTL") landlords have to consider Income Tax, Capital Gains Tax, Inheritance Tax and Stamp Duty Land Tax on their property holdings. In this book we look at tax planning techniques that all BTL landlords can consider to reduce the amount of these taxes they pay.... keep reading

Autumn Statement Increased the 60% Effective Tax Rate
22/11/2022Autumn Statement Increased the 60% Effective Tax Rate

The measures announced in last week's Autumn Statement will increase the 60% effective tax rate. In this article we look at why.... keep reading

Impact of the 2022 Autumn Statement on Non-Doms
21/11/2022Impact of the 2022 Autumn Statement on Non-Doms

In this article we look at how the Autumn Statement effects non-UK domiciliaries. Although no significant changes were announced that directly impacts non doms there were some key indirect changes.... keep reading

Tax Measures in Yesterday's Autumn Statement
18/11/2022Tax Measures in Yesterday's Autumn Statement

In this article we look at the key tax measures from yesterday's Autumn Statement.... keep reading

Why it Makes Sense to Claim Child Benefit Even for High Earners
17/11/2022Why it Makes Sense to Claim Child Benefit Even for High Earners

In this article we look at why it can make sense to claim child benefit even for relatively high earners.... keep reading

EMI Options on a Company Reorganisation
16/11/2022EMI Options on a Company Reorganisation

In this article we look at some of the key issues to consider when undertaking a reorganisation when a company has existing EMI options.... keep reading

Offsetting Losses on NFTs
15/11/2022Offsetting Losses on NFTs

In this article we look at the tax treatment of NFTs and in particular whether there is scope for tax loss relief.... keep reading

Impact of Property Rental Companies being Subject to Corporation Tax
11/11/2022Impact of Property Rental Companies being Subject to Corporation Tax

In this article we look at the impact of property rental companies being subject to corporation tax, as opposed to income tax.... keep reading

What to Expect in the November 17 Autumn Statement?
08/11/2022What to Expect in the November 17 Autumn Statement?

In this article we look at some changes that may be announced in the Autumn Statement on November 17, 2022.... keep reading

Latest Tax 100 Q&A's - FREE members Q&A
Bare trust/nominee agreement for company funds? - USERNAME: bbarry10201 - 18/04/2024

 Tax Question Our company has surplus balance in our currency account. (US dollar)  due to a slowdown. We get a far better return on a fixed term if the funds are placed abroad for a fixed period of one year. However The funds have to be placed in a personal name with an overseas bank. Is it possible to place the deposit in  my personal name however on behalf of the company. The principal and interest will be transferred back to the company on maturity and reflect in the company accounts. The overseas bank is aware these are company funds and no tax will be charged abroad. We can make a private agreement, or even a trust deed from or solicitor or advise HMRC, which option you think is the best so they do not treat this as a loan given to the director.... keep reading

UK/Bulgarian companies - USERNAME: info123456 - 05/03/2024

Tax Question: Hi. This is a hypothetical situation where the Limited Company (Subsidiary) is incorporated in UK, having no Permanent Establishment and no clients in UK. And the Holding Company is situated in Bulgaria. In this case which country the Subsidiary Company will be considered as Tax Resident and what are taxes that the Subsidiary will be liable to pay. Also what will be tax liability of the Holding Company if it receives Dividend, Interest and Capital Gains from the subsidiary.... keep reading

Corporate residence question - USERNAME: info123456 - 05/03/2024

Tax Question: Can a UK Limited Company (a Subsidiary of a Bulgarian Holding Company) having no permanent establishment and no clients in UK be non-resident in UK for tax purposes (Explain Why). If yes, is there any kind of income on which it has to pay taxes in UK only?... keep reading

Selling Shares After Becoming Non-Resident - USERNAME: rju67 - 05/12/2023

Tax Question: I would like to ask about the idea of someone buying lots of shares in the stock market and holding them for a long time.  If these shares then double or more in price and would therefore result in a very large capital gain, would it be possible for the owner of the shares to move abroad to e.g., Dubai where there is no tax payable, and then sell the shares, and remain there for 5 years to become non resident before coming back to the UK?  Would that work in terms of not having to pay any capital gains tax on the gains?... keep reading

Non UK domiciliary and inheritance tax - USERNAME: Blanco -15/06/2023

If a man is a non uk resident and non uk domicile, are his UK assets subject to IHT. If so - What are the IHT allowances - How much can he pass to his spouse without incurring IHT. Is it the total estate just like a UK resident, or is there a limit... keep reading

Transfer to trust and SDLT - USERNAME: Aztec1 - 12/06/2023

Tax Question: Hi Will there be SDLT to pay if properties are transferred into a trust based on market value. Assuming each value will be over the minimum thresholds? Thanks... keep reading

UK inheritance tax for beneficiary and domicile - USERNAME: Nick1 - 24/05/2023/2023

Tax Question: Hello. I have a question regarding inheritance tax. As a potential beneficiary to an estate who is not a resident of the UK, will I be subject to UK inheritance tax or the equivalent tax of the country where I reside?... keep reading

Sale of shares tax efficiently - USERNAME: AHop - 18/05/2023

Tax Question: My company is cash rich I am the majority shareholder and I wish to purchase the other shareholders shares Whats the best way to do this?... keep reading

Non-dom, non-UK resident gifting cash to non-dom daughter - USERNAME: HannsG - 16/05/2023

Question: Are there any UK tax implications for me (non-UK domicile non-UK resident) to send 11.000 pounds to daughter (non-dom but currently UK resident- since two years ago ) who is studying at university level in the UK at present ? Can I send the fund from my Jersey sterling account to her Isle of Man sterling account on which she can then write out a cheque ? Thank you... keep reading

Goodwill shown in accounts? - USERNAME: UKM- 15/05/2023

Question: Having calculated goodwill being acquired by a limited company from a limited liability partnership, does the goodwill have to be reflected in the final balance sheet of the partnership accounts?... keep reading

Tax deduction for AGM expenses - USERNAME: hsingh - 12/05/2023

Tax Question: dear wealth protection report i'm trying to understand what expenses i am allowed to claim for regarding company AGM meetings? if i plan to hold the company AGM in another location/city, book hotel accomodation, is the accomodation, food, travel expenses etc permissible as expenses? what would i have to do to ensure that i can prove that the purpose was for the AGM? kind regards... keep reading

Migration of trust overseas - USERNAME: saga62 - 09/05/2023

Tax Question: My parents are UK doms and have a discretionary trust in the UK. Can this trust be moved to an offshore location? If so, will doing so provide any inheritance tax advantages? Thanks.... keep reading

Travel expenses deduction - USERNAME: taxex - 04/05/2023

Tax Question: A franchise business has units in various shopping center. the Business is a UK Limited Company. Each unit is run by employees. The directors of the company manage each unit by visiting the shopping center and checking if everything is OK. Each directors are home based. Can he directors claim home to shopping center mileage?... keep reading

Establishing a domicile of choice - USERNAME: arf - 03/05/2023

Tax Question: What is the best way of becoming NON domiciled of UK? I have been fiscally resident outside of the UK since 1995. Now fiscally resident in Portugal.... keep reading

Relief for German Withholding Tax: USERNAME: Aries - 27/04/2023

Tax Question: Hello - I have recently taken on an author who is UK resident but has also received book royalties from Germany. She has received such royalties from Germany over the past 4 years but the German publisher deducted withholding tax at 15.825% as the client did not provide any proof of UK residence. Had the client provided such proof then no German tax would have been deducted. I am in the process of preparing SA Tax Returns for the 4 years as she has not previously notified HMRC of her liability. Under the terms of the UK/German DTA - Article 12 - the royalties arising in Germany should only be taxed in the UK. Am I right in thinking that ,under any claim for Double Tax relief, the amount cannot exceed the overseas tax payable under the Treaty and that would be nil as no such German tax should be payable under Article 12? Is my client`s only recourse to approach the German Tax authorities to seek repayment of the tax by them? Thank you... keep reading

Tax relief for amortisation of website purchase - USERNAME: TPG- 27/04/2023

Tax Question: Purchasing an up and running exiting website. The Website is capitalised and will be depreciated. Can a company claim capital allowances and use the AIA for the year ? Or if the asset an Intangible asset [and amortised], what allowances can be claimed ? Thanks... keep reading

Legal costs tax deductible? - USERNAME: USERNAME: HannsG -24/04/2023

Tax Question: If a director and shareholder of a company incurs significant legal costs to exit that business to establish a similar trade / business in the same sector, are there any grounds for those costs being allowed in the new company as an allowable expense?... keep reading

IHT and trust structure - USERNAME: Lara - 19/04/2023

Tax Question: My mother has put her house into 2 trusts: !. My fathers half, valued at £250K. Done by deed of variation, now in a discretionary will trust (beneficiaries= 3 children) 2.My mother's half valued at £325K in a family trust, same beneficiaries. She doesn't pay rent to the trusts therefore I assume they are in her taxable estate for IHT The house is now worth £1M. What will the tax status be when my mother dies? Can we assume full nil-rate band on house as she lives there or will the trusts be liable to CGT as beneficiaries of trusts are all home owners and higher rate tax payers. Thanks... keep reading

Tax relief for car losses in LLP - USERNAME: nmc -18/04/2023

Tax Question: If I am a member of an LLP that purchases several classic cars for investment purposes but also to use. Are the costs of maintaining and running the vehicles available as losses to be offset against the members of the LLP's other income?... keep reading

Dutch UK resident double tax - USERNAME: Anon - 17/04/2023

Tax Question: Is the Dutch ZvW-contribution paid by a UK resident in fact "Dutch tax" and therefore potentially eligible for foreign tax credit relief? Or is this a non starter?... keep reading

Deed of variation to alter estate for IHT purposes - USERNAME: DJonesy1 - 14/04/2023

Tax Question: Hi everyone, apologies if my question makes me appear a bit 'wet behind the ears' but is there: Any means of rewriting the will of a recently deceased person,using a 'Deed of Variation' to create a discretionary trust and escape a large inheritance tax on their estate? Many thanks for your time, A.... keep reading

Box 7 of form IHT402 - USERNAME: davidh - 13/04/2023

Tax Question: Box 7 of IHT 402. My father died in September and everything was left to mum in his Will. Mum died in August. Main asset was house - value £750,000 plus some cash so total about £800K. What value do I put in box 7 of IHT 402? I assume it would be £400,000 being Dad's half of the assets at death which were all in joint names. But no formal valuation of the Estate was done at the time as all left to mum. Or, should the value in box 7 be £nil as his estate was exempt from IHT by virtue of the spousal exemption? Your help please!!!! Thank you!!!... keep reading

Foreign companies and deemed distribution rules - USERNAME: Patches - 11/04/2023

Tax Question: Can non-dom own shares of isle of man co or BVI co or Malta co and not have deemed distribution... keep reading

Inheritance tax and changing a legacy - USERNAME: Anon -05/04/2023

Tax Question: I inherited my husband's estate and want to pass some or all of it to our children, grandchildren, and great-grandchildren. Can I do so without them being liable for inheritance tax? The legacy has been in my bank account for only two weeks and has never formed part of my estate.... keep reading

IHT on gifted house - USERNAME: Spidey - 03/04/2023

Question: A mother X gifts her daughter Y her house. The daughter moves in with her even though the Y has another house (her main residence). X becomes disabled. X pays all the utility bills. Y pays the other expenses. Y owns the house outright. They live together for more than 15 years. X dies. Does the whole house or half the house belong to Y estate?... keep reading

CGT when selling part of garden - USERNAME: cazmancity - 30/03/2023

Tax Question: We are going to sell our house and we are considering selling the garden at the side of us as a building plot. The entire garden [including that at the side]is less than half an acre will we have to pay CGT on the side garden land?... keep reading

Removing a holding company tax efficiently? - USERNAME: RajB - 29/03/2023

Tax Question: H & W own a 'dormant' holding company in equal shares, this holding company owns a 25% share in a property investment company. Is there a tax efficient way of collapsing (removing) the holding company such that H & W own 25% share directly in the property investment company?... keep reading

Overseas domicile of origin? - USERNAME: Campfun - 28/03/2023

Question: I understand that my domicile of origin is the nationality of my father (my parents were married when I appeared!). My father was born in Ireland pre-1949 (i.e. pre Republic and before the establishment of Northern Ireland). I was however born on UK territory where my father was living at the time. Is my domicile of origin Ireland or the UK?... keep reading

Tax on UK interest charged to UK resident from overseas - USERNAME: Yasman - 27/03/2023

Tax Question: Hi Would a non-resident person be subject to income tax on any interest he charged on a loan to my UK Ltd company (interest would be rolled-up annually)? I am establishing a company to buy some land and build a house to let out but banks are not really interested in lending a startup company money on that basis. I have a non-resident family member who will lend the money but wants to charge a commercial rate of interest (I assume that could be high if no bank will do it) and doesn't want to pay UK tax. Is this possible? Thanks Yasman... keep reading

Gift of business and IHT - USERNAME: JackP- 24/03/2023

Tax Question: Hi, Is there a minimum period of time a donor of a business must survive for in order for the recipient to be free from any tax liability? thanks... keep reading

Interest tax relief - USERNAME: ThinkP - 22/03/2023

Tax Question: Hi, Co A is developing houses for rent and has been entirely funded by the directors. Upon completion, the company will apply for finance secured on the development so that it can repay the directors. Is it correct for the Co to claim tax relief for the interest payable on the loan? Thanks... keep reading

Business property relief - USERNAME: wealth16 - 20/03/2023

Tax Question: For the following part time business of (a) mini cab business (b)lending short term finance at market rates to his friends and associates. (c) rare stamp dealing. Are these iht qualifying assets for BPR?... keep reading

IHT on foreign shares - USERNAME: YTonin - 17/03/2023

Tax Question: Sirs, Does a person who reside in England has to pay inheritance taxes on shares of foreign companies inherited from his father who is a foreigner not residing in UK knowing that there is no a tax treaty between the UK and the father's country. Many thanks... keep reading

Inheritance tax and regular gifts out of income exemption - USERNAME:btr - 16/03/2023

Question: I have an inheritance tax question. Myself and my wife are both in our 80's. We have three children (both Sons). We provide financial assistance to each of them and want to ensure that the amounts we pay to them are exempt from inheritance tax. Our current annual income is 10 times the total "Gifts Out Of Income" to our 3 Sons. We provide financial help to each of them of around £5,000 per year. This includes the use of a credit card to pay for petrol and groceries, regular gifts of premium bonds and regulart cash transfers to a savings account. We want to make sure that we're OK to assume that these amounts will meet the criteria for the 'gifts out of income exemption' and that there will therefore be no inheritance tax charged?... keep reading

Non domicile status if own UK property - USERNAME: arf - 15/03/2023

Tax Question: Is it possible to become non domiciled of the UK and maintain a home in the UK?... keep reading

Tax treaty and tie breaker clause - USERNAME: wfranz - 14/03/2023

Tax Question: When relying on a tiebreaker clause with a DTT, is it necessary to repeat the process each year?... keep reading

Overseas company tax question - USERNAME: Anon - 13/03/2023

Tax Question: Can I set up an overseas company for the purpose of lending funds? Can I use these funds to either settle the existing mortgage or buy a new property for us to live? Is it also possible for that company to lend funds for BTL Property? What is the best jurisdiction to setup such a company and would you advise such shares to be bearer shares? Thanks,... keep reading

Relief for tax losses on incorporation - USERNAME: HannsG - 10/03/2023

Tax Question: Is it possible to retain and carry forward tax losses accruing from a sole traders business when that business is incorporated? What impact if any is there on Incorporation relief provisions?... keep reading

Transferring property to limited company and UK tax - USERNAME: PGraycat - 09/03/2023

Tax Question: The 7 year rule and gifting property to a limited company. What Taxes may the individual me liable for? And what is the best route to transfer property from the individual to a Ltd company?... keep reading

Offset UK losses against foreign gains - User ID: paradise - 08/03/2023

Tax Question: I am a Non Dom and pay tax on an arising basis. This tax year I made capital gains off shore and losses in the UK. May I offset one against the other? Thanks Louis... keep reading

Gifting property when non resident and UK tax - USERNAME: idlomir - 07/03/2023

Tax Question: If I become Non UK resident and live in France can I nevertheless make a Lifetime Property transfer of a UK property[ 7 years to clear ]? The French "gift " period is 15 years and is limited to 100000Euros.... keep reading

Increase/reduction in share capital - USERNAME: PPY76 - 03/03/2023

Tax Question: When a UK Limited has capital increase or capital reduction, it would only take effect after it registers it with Companies House, right? Otherwise it would be invalid if the company shows such capital increase or decrease in it's accounts.... keep reading

Acquiring a second domicile of choice - USERNAME: YFRO! - 02/03/2023

Tax Question: I understand it is relatively difficult to acquire a domicile of choice and thereby lose one's domicile of origin. Is it considered to be any easier to acquire a subsequent domicile of choice? For example, a UK domicile moves abroad and takes the steps necessary to establish a domicile of choice in the new country. Later, he/she moves to a third country, at which point his/her UK domicile is restored. Is the procedure for once again shedding the UK domicile and acquiring a domicile of choice in the third country any simpler/quicker than acquiring the original domicile of choice?... keep reading

Tax relief for capital allowances not claimed? - USERNAME: Lancashirelad - 01/03/2023

Tax Question: What is the treatment for a property investment company that has Capital Allowances that go unused in the year of assessment? How can these be relieved?... keep reading

Gift and loan back for IHT purposes - USERNAME: VFW - 28/02/2023

Tax Question: Can I gift cash to my children and then get them to loan it to me?... keep reading

IHT for non dom on UK shares? - USERNAME: 74Rig - 27/02/2023

Tax Question: I am not resident nor domiciled in the UK. I hold shares of UK companies in Jersey. Are these assets liable for UK Inheritance tax? Would putting these assets into an overseas company protect these assets from UK Inheritance Tax? Would the use of a Jersey trust assist in this case? Would the answers to these questions be different if I were not resident but was domiciled in the UK?... keep reading

Gift of property to daughter - USERNAME: Bill - 24/02/2023

Tax Question: Couple A have been non UK resident for 10 years. Their family home was a large country house and land in which their daughter and her family have continued to live. There is a derelict cottage on the property which couple A now intend to renovate and live in when they visit the UK. Couple A would like to gift the main house and land to their daughter and keep the cottage themselves. Can you advise the best way to achieve this.... keep reading

BPR on gift of business - USERNAME: wealth - 23/02/2023

Tax Question: if i gifted my business to my son in 2021 and my son continues in this business and i die in 2024. Does this gift (a) form a PET and (b) form part of my estate in 2024 for iht purposes?... keep reading

CGT on transfer of land back to you? - USERNAME: claret - 21/02/2023

Tax Question: The basement of our house is a self-contained flat that we own on a separate lease. We are planning to take out a buy-to-let mortgage on the flat in order to raise money to convert it from a one bedroom to a two bedroom flat. (I've posted about this before.) In order to maximise the amount we can borrow against the flat, we plan to vary the lease to include the garden (it's currently restricted to the inside of the flat only, despite the fact that the flat has direct access onto the garden). Obviously in 'giving' the garden to the flat, we will increase the value of the flat and decrease the value of the house, which is our main residence. So our one concern is whether this could have capital gains tax implications. However, we plan to stay in this house long-term, and do not intend to sell the flat or the rest of the house. We figure that if we do have to sell up, we can always change the lease back again so that the main house gets a share in the garden (or gets the ... keep reading

CGT on AIM shares as non resident - USERNAME: Retired Exile 64 - 16/02/2023

Tax Question: I currently hold UK listed AIM shares and i'm currently resident in the UK. If I sell these shares whilst principally resident in Guernsey, would I pay any CGT on disposal of these shares?... keep reading

Tax treaties and the impact on interest paid by a Chinese company - USERNAME: Shia43 - 15/02/2023

Tax Question Hello I'm trying to get information on the effect on Chinese withholding tax on interest paid to a foreign company. In particular, the effect of the Singapore and/or UK double tax treaties if paid to a company resident there? Thanks... keep reading

Tax and childcare voucher - USERNAME:Postie - 13/02/2023

Tax Question: Dear wealthreport i have a company from which i do not take any salary or dividends. the earnings are retained by the company. if i wanted to take advantage of the childcare voucher scheme, could i take a salary for the amount of the childcare voucher - as a salary sacrifice - and still not take any other salary or dividend? thanks kind regards... keep reading

CGT and IHT implications of gift of inherited property - USERNAME: Aztec1 -10/02/2023

Tax Question: Hi Lady [A] has received through inheritance a 1/3 share of a freehold property [2/3 to other two siblings] The other 2 siblings wish to gift their shares to Lady A also. Lady A then intends to keep the property and eventually pass it down to her children in her will. No money is to be exchanged at any time. Could you kindly advise on the Inheritance tax and Capital gains tax implications in this scenario on each of the recipients of the gifted property ie Lady A and her siblings to Lady A's children. Thank you... keep reading

Directors fees under a tax treaty - USERNAME: Araj - 09/02/2023

Tax Question: A DTA states "Directors' fees and other similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State." Does that mean that any Directors fees earned for board memberships in the country subject to the treaty are not taxable in the UK?... keep reading

Reimbursed expenses - USERNAME: Billy75 - 08/02/2023

I have a Uk Ltd company and the majority of my travel and subsistence expenses are reimbursed by my major client in Italy. What is the best way to show these reimbursements in order to avoid they add up to my total turnover and increase my tax? Thks... keep reading

Writing a loan off? - USERNAME:Matrix1 - 07/02/2023

Tax Question: Assuming property purchased with mortgage/loan from parents but after some years the parents decide to write the mortgage/loan off. What is the process to do this? 1) Can parents simply give a letter stating loan is written off? and what should the wording be? 2) Where should this letter be registered and within what period of time must it be registered? TIA... keep reading

Gift property to Son - USERNAME: Nieve24 - 06/02/2023

Tax Question: Is it true that if a father (F) gifts the main residence £1m to a son (S) there would be zero CGT (due to PPR) and a PET for IHT which after 7 yrs will be zero, provided he also pay market rent for the accommodation (to avoid the reservation of benefit) until he ceases to use it eg. death or care home. If he dies before seven years does taper relief then apply?... keep reading

Transfer of property to company and tax - USERNAME: dku65 - 03/02/2023

Tax Question: Hi What's the difference in tax calculations between transferring a property with no mortgage from a person's name to a limited company either a) as a gift with nil consideration vs b) as a normal transfer for market value consid... keep reading

Uk and Italian IHT - USERNAME: Jackie65 - 02/02/2023

Tax Question: Could you please help.. My mother who lives in England has proberty in England and in Italy, she has already made a will leaving her English property to my sisters and her Italian proterty to me as i live in Italy, we are having problems making a will for Italy, but thats not what i needed to know. I am worried about the inheritanza taxes..do l have to pay English taxes aswell as Italian taxes..and the same for my sisters do they pay taxes on the Italian inheritanze .? Thank you for any advice... keep reading

Tax treatment of margin interest - USERNAME: Sam1 - 01/02/2023

Tax Question: If I bought securities on margin, then are my capital gains reduced by that margin interest [i.e. are is the margin interest treated as a cost of trading the securities] or do I need to deduct the margin interest from the interest received in the year on my trading account?... keep reading

Is equity in US company a foreign asset? - USERNAME: Jason44 - 31/01/2023

Tax Question: Hello, Is owning equity of a US-based company with a branch/permanent establishment in the UK considered to be foreign investment for UK tax purposes? Thanks!... keep reading

Dividend waiver - USERNAME: Paul_1066 - 30/01/2023

Tax Question: Is it possible to waive a proportion of a dividend. For example half the dividend that may become due in the following year on one share ? Is there a precedent in law for or against this ?... keep reading

IHT planning - USERNAME: Khan -27/01/2023

Tax Question: My mother is 73 and Her assets are a flat worth 620k and cash of 190k. Father passed away around 35 years ago. We are 2 sisters what would be the best way forward to plan for IHT. Looking forward for your suggestions and tax implications.... keep reading

Shepherd huts and APR - USERNAME: Nordic77 - 25/01/2023

Tax Question: I have a farm of about sixty acres which I have operated mainly with animals and arable for forty years and is excempt from IHT as agricultural property relief. As I am now approaching eighty years old and feeling the effects of those years of very long hours and hard work. I would like to branch more into holiday lets in shepherds huts and DIY horse livery. Would these operations effect the IHT status?... keep reading

Digital currency and UK remittance tax - USERNAME: elgrilo - 24/01/2023

Tax Question: Dear Sir./Madam. Can capital gains from the sale of digital currencies be claimed under the remittance tax basis, provided that a non-UK exchange was used for the sale and that the proceeds are kept in a non-UK bank account? The main question is about what qualifies as 'location of assets' in the case of digital currencies. Thank you.... keep reading

Investment status and UK tax treatment - USERNAME: SPVland1 - 23/01/2023

Tax Question: Hi, I got a question about tax structure for SPV, company set up for investment purpose. If the company hold an investment property, and has a SIC code for property letting & management. The company then decides to invest into other assets such as shares. Assuming they are looking at purchasing shares and holding it for investment (not trading) Given that it's still an investment asset....does this change the structure of the company and how will tax be effected?... keep reading

Sale of property to children - SDLT and IHT - USERNAME: george30 - 19/01/2023

Tax Question: I have 3 children. 2 of whom live in the family home and the 3rd lives abroad. They all own another rental property. I am looking sell 75% of the family home to them. Each will acquire 25% for £150k in separate transactions. How much stamp duty would each of them pay? Would they pay stamp duty based on £150k or £450k? Would those who live in the family home need to pay the additional rate?... keep reading

Withholding tax on royalty income - USERNAME: las0987 - 18/01/2023

Tax Question: I'm writing a second edition of my book. If the book is published in the U.S., I have to pay a flat 30% withholding tax on all earnings. The publisher has asked if I would consider publishing via their UK office. As a non-resident British citizen, do you know how I would be taxed on a royalty advance and on any subsequent royalties that follow?... keep reading

Remittance Basis Question - USERNAME: Araj - 17/01/2023

Tax Question: For the count of 7of 9 years for the remittence charge, does a split year treatment count as one of the years of the 7 years. Specifically if it is the first year of the 7. Thanks.... keep reading

SDLT on distribution in specie by liquidator - USERNAME: tefla - 16/01/2023

Tax Question: I own (single owner) a UK ltd. company which owns property. Company is to be liquidated and the assets of the company, i.e. residential real estate (BTL), to be distributed in specie. Am I correct in assuming the company will have to pay the CGT on distribution, but I won't have to pay the SDLT, as assets distributed to me in specie by the liquidator?... keep reading

IOM company and tax on LLP profits - USERNAME: Mikey -13/01/2022

Tax Question: Is an IOM company liable to UK tax on its share of profits from a UK LLP?... keep reading

Tax for non resident with a UK virtual office - USERNAME: DavidH -11/01/2023

Tax Question: I am not UK tax resident. If I provide professional independent services FROM the UK to non-UK clients but the business has no fixed premises in the UK (just a virtual office address) will HMC tax my business profits? [I understand (I think) that under the DTT with my country of residence (Switzerland) I may be taxed if I offer services from a fixed base in Switzerland.¨]... keep reading

Transfer of debt from offshore trust - USERNAME: HannsG- 10/01/2023

Tax Question: Hi Q. Off-shore Trust has made loan to Off-shore company who has in turn made loan to a UK resident company of which Mr A is a UK resident shareholder and beneficary of the off-shore trust. Settlor of the trust was non UK resident and non domicile. What would be the best way to give the above loan to the beneficary with least tax cost. Is there anything to watch out for re HMRC?... keep reading

Withholding tax treatment of dividends paid from Russia to a Singapore company - USERNAME: Jacz - 06/01/2023

Tax Question: Hi If a Singapore company receives dividends from a Russian company what would the withholding tax implications be please? It holds 40% of the Russian company.  Thanks  Jacz... keep reading

Inheritance tax position for NZ resident - USERNAME:HD- 05/01/2023

Tax Question: My father lives in New Zealand and has done so for the last 40 years, however he was in the UK, I live in the UK, would we have to pay IHT when we receive money from his NZ home.... keep reading

Splitting company assets - USERNAME: james1 - 04/01/2023

Tax Question: My brother and I are shareholders and directors of a property, limited private company. It holds valuable property, mainly commercial, for long term investment. We are both over 65 years old and have always had good relations and we still do. He wants to retire and I want to carry on. He has 49% and I have 51% of shares. What do we do and how to minimise tax and legal complications? Could we- having obtained property valuations by an independent valuer-, divide up the properties in the same proportion by value as our share holdings, and then he would have his properties in a separate Company or limited Partnership and I have mine in a similar situation. Since there is no individual gain or loss in value to my brother or myself, there has been no disposals and so, hopefully, no CGT implications. Do you perhaps have a better solution?... keep reading

UK property for minor - USERNAME: HannsG- 03/01/2023

Tax Question: What is the most tax efficient way to buy a UK residential property for a UK minor?... keep reading

Withholding tax in international structure - USERNAME: kaz - 22/12/2022

Tax Question: Hi, 1. The royalties are sold to a UK company by a Hong Kong company, with a deferred payment. The royalties are then leased to a Ukrainian company and the Ukrainian company makes regular payments in respect of the royalties to the UK company. The UK company uses funds so received to repay the Hong Kong company the deferred consideration outstanding on the royalties. Are there any restrictions which apply to the above in the UK? Does withholding tax apply to the payments which are made from the UK to Hong Kong? 2. Does any withholding tax apply in the UK if interest on a loan is paid from a company in Ukraine to a UK company and then paid on to a company in Hong Kong? 3. If dividends are declared from a Ukrainian company to a UK company and on to a Hong Kong company, does any withholding tax apply in the UK? 4. Is there a tax on dividends which are declared in Hong Kong in favor of a non Hong Kong resident shareholder? Many thanks... keep reading

Statutory residence test - follow up question - USERNAME:Anon - 21/12/2022

Thanks for your answers and I have more questions after the arrows or comments after your answers >>> >>>>Home in the UK? What does a home in the UK mean exactly? I don't own any property. I do not have a rental contract in my name but I do have a place I can use to stay with my son, daughter and wife (she is only there some of the time) in Edinburgh. Is that a home? So is a 'home' mean owning a property? And I just have a 'place to live'? This is the sentence I am worried about: 'there is or was at least one period of 91 consecutive days when you had a home in the UK.' 1.You would certainly have a 3 year tie. >>>YES 2.You may well have a family tie >>>>YES 3.and an accommodation tie, depending on how long you visit them/stay in the UK. >>>>> YES: 'The individual will have an accommodation tie for a tax year if they have a place to live in the UK and: It is available to them for a continuous period of 91 days or more during that tax year, and they spend 1 or more nights there ... keep reading

Premium bonds and inheritance tax - USERNAME: TGH1 - 19/12/2022

Question: My older brother is fairly well off and has offered to buy some premium bonds in my name. How will this be treated for inheritance tax purposes. I know that premium bond winnings are free of income tax but what about inheritance tax? What is the position in the event of his death and also at the time of the gift to me?... keep reading

Excluded Property Trust & situs of assets - USERNAME: Anon - 15/12/2022

Tax Question: When looking at where assets are held for a EPT periodic charge calculation I am aware that for shares it is the registration of the shares that is important. If the UK shares are managed by an investment manager who is using an offshore nominee (rather than a trading company) account does this change where the assets are held.... keep reading

UK tax resident without meeting statutory residence test - USERNAME: billl - 14/12/2022

Tax Question: Can you become UK tax resident WITHOUT meeting the current conditions for tax residency? For example, suppose as an "arriver" you only fulfill the single requirement of available accommodation and you never stay more than 100 days in the UK can you be "deemed" tax resident if you refer to yourself as UK resident for other purposes. And would it make any difference to the UK tax authorities if you were a "Tax Nomad".... keep reading

Inheritance tax in UK/US and the UK/US estate tax treaty - USERNAME: Apears - 13/12/2022

Question: I am a UK citizen and have lived here for over 7 years. Before that we lived in the US for over 20 years. I'm concerned about where my potential inheritance tax liabilities may lie (so I can the reduce it!). We have assets owned by us which are based in the US. This includes: - Bank accounts - US shares The income from the bank accounts is paid gross by the US and taxed in full in the UK. The US dividends though are subject to a 15% tax withholding in the U.S., but we then get a tax credit in the UK. What is the position for inheritance tax purposes under the Double Tax Treaty that exists between the U.S.A. and the UK?... keep reading

IHT on inheritance from Jersey - USERNAME:Anon - 12/12/2022

Tax Question: My wife is about to inherit some cash money and a share in property from her father in Jersey in the Channel Islands. This will be in the region of £500,000. Taxes will be paid on both aspects within Jersey but will she be liable for any inheritance tax in the UK... keep reading

Property Development LLP - USERNAME: ragha - 09/12/2022

Tax Question: One of my clients is a property development LLP (2 members).They bought a property for £210,000 to re-develop it into 7 apartments. the property still in their name and not the LLP company. They have already spent over £100,000 on the development. What are the advantages & disadvantages in transferring the property ownership to the LLP company. If they do make the transfer will they be able to claim the £210,000 and all the cost of the development from the company as a long-term loan. Are they entitle to any relief?... keep reading

Gift of cash by non-domiciliary of overseas cash and UK inheritance tax exemption - USERNAME: Woodside - 08/12/2022

Do you think that a gift of cash from an overseas (Jersey) bank account by a non UK domiciliary to UK beneficiaries would be exempt for UK inheritance tax purposes? If not would it be a PET? Note that this will be an electronic transfer of the cash (not a cheque). Does it make any difference?... keep reading

Treaty migration for company? - USERNAME: dm123 - 28/11/2022

Tax Question: I am becoming a digital nomad and will be leaving the country before april this year. I have a UK company and would like to migrate that to malta for tax purposes. My company is a web application we sell on a subscription basis for thousands of customers worldwide. Our assets include our domains, custom software, customer base and brand. Regarding UK exit taxes, will there be CGT that I am personally liable for, or is it corporation tax due to asset sales? Or perhaps both? I was told by one person that the UK does not allow treaty migration so it would be asset sales (which I guess is corp tax.) Then another person told me that the UK absolutely did support treaty migration so I'm guessing that would be a share sale which is subject to CGT not UK corp tax? Hoping you can give me a definitive answer on this!... keep reading

UK tax and moving to Malta - USERNAME: MLa - 25/11/2022

Tax Question: Hi, Love the site! Finding it really useful. I am currently uk resident (and domiciled) but going to move to Malta next year with the view to being non uk resident and plan on being away from uk for more than 5 years. I am currently working for a uk company (on contract) via a limited company. There is a distinct possibility that when I tell them I'm leaving they will offer to let me work remotely. If not then I would not be working in Malta and living off my own funds. I understand the non residence test rules and would deliberately spend less than 16 days in uk for each of next 3 years to ensure I am non uk resident and would not return to uk (permanently) for at least 5 years (if at all). - If I work from malta (software development via remote VPN connection to client pcs) via my uk limited co, am I correct in understanding that I would pay uk corporation tax on the company profits but no other income tax in uk if I do not draw a salary? - my understanding is tha... keep reading

UK tax on dividends to EU holding company - USERNAME: rock92 - 21/11/2022

Tax Question: UK domiciled resident and sole shareholder of non-UK (but EU based) holding company. If UK resident sets up a UK ltd, can it be fully owned and financed by the EU holding company? Can any dividends of UK ltd post UK corporation tax be paid back to holding company? Are there any personal tax liabilities for UK resident shareholder of EU holding if no dividends are paid from the holding?... keep reading

Tax on income distributions from an offshore discretionary trust - USERNAME: foxoaul - 17/11/2022

Tax Question: Hi what tax is payable by a uk resident, who receives income from a non resident discretionary trust... keep reading

PPR relief and spouses - USERNAME: DHJK222621 - 15/11/2022

Tax Question: I got a job transfer to London from the midlands over ten years ago. I bought a flat jointly with my husband which was second home. I stayed in the flat for the entire time for the past ten years and my husband stayed there for about two years. He then moved back to our first home which is jointly owned. We are now selling the flat. Does principal private residence relief is applicable in this case? If applicable, what would be the duration of PPR for myself and for my husband.... keep reading

Company limited by guarantee and UK tax - Tom Thumb - 15/11/2022

Tax Question: In a small UK group of companies where the non trading Holding company is a company limited by guarantee with 3 member/directors, which owns 100% of a trading company with the same 3 people as directors, are there any circumstances in which the Holding company can distribute funds to the Members/Guarantors out of the retained profits of the trading company by way of a 'dividend' in the Holding company rather than as employment income in the trading company? Or any other way to get income out other than via salary? And/or is it possible for the Holding company to 'buy back' the beneficial interest of one of the Members for say a third of the company value and if so would that member get Entrepreneur relief as they have been a member for more than 2 years?... keep reading

Transferring Goodwill and UK tax - USERNAME: crown -14/11/2022

Tax Question: I have a uk trading Ltd company with goodwill valued at £1.2m and tangible assets of 400k I wish to transfer the business to a newly formed UK Ltd company and retire from the business. The goodwill was purchased on incorporation in 2008 at a cost of £1m and CGT was paid by the vendor, ie me. I directly own all shares in both companies.If I transfer the goodwill direct to the new company will there be a taxable gain of £200k, or is this transfer exempt? If there is, can I avoid this by transferring shares in the new company from me to the old company befor transferring the assets? or by putting both comany's shares into a holding company?... keep reading

Tax questions on crystallising capital gain as non resident - USERNAME: rsearch - 11/11/2022

Tax Question: Non Resident CGT. Non resident coming back to UK. Purchased / acquire shares whilst non resident in EU country. If sells them whilst non resident then still not UK CGT event even if they come back to UK . I think the anti avoidance rules on sale of assets whilst "temporarily" non resident was in respect of pre - existing Uk assets from before you were non resident rather than assets acquired whilst non resident. So if pregnant with a gain best to sell them whilst non resident rather than wait and end up UK CGT on all. Is this correct? tks... keep reading

Canadian Resident Dying & interaction with UK IHT - USERNAME: GTY- 10/11/2022

Tax Question: I understand that Canada does not have any form of IHT. However, should a resident of Canada dies certain assets are deemed to have been sold prior to death. If the deceased is a UK domicilary who would also have to consider such assets in the UK, do HMRC allow any deduction against the possible UK IHT liability to take into account any Canadian tax paid? Many thanks... keep reading

Trading in the UK tax efficiently - USERNAME: rayftl - 07/11/2022

Tax Question: Hello, I am looking to setup a new business venture selling websites to small business in UK and USA I am a UK Citizen and resident and will want to work from Thailand have the following questions; 1. should i trade as a sole trader then switch to a UK Company and file Non Residence? 2. Should I just set up a offshore company and simply trade offshore? 3. Would it be a good idea to have freelance sales people in the UK? Please give me your thoughts thanks... keep reading

BPR for hotel business - USERNAME: epic -04/11/2022

Tax Question: 1) Can you claim business property relief for inheritance tax purpose if your company runs a hotel business?it says land and buildings are excluded but hotel is a business.... keep reading

Inheritance tax on Parents property - USERNAME: Karri - 02/11/2022

Tax Question: Hello, my parents are looking at re doing their wills to save on inheritance tax. For the past 5 years i have been living in their home, covering my own expenses. am i correct in thinking that if they leave me this property in which we all live in their wills that it will be inheritance tax free? if not what will be the most tax efficient way of arranging my inheritance, as if the tax is too great i will have to move out anyway.... keep reading

Loss on loan to company by a non resident - USERNAME: mm - 01/11/2022

Tax Question: If a loan is made to a company by a non resident and the company goes bust can that loan be offset against UK tax on other earnings ?... keep reading

Tax Planning Calculators
Mixed Fund Remittance Calculator
01/08/2022Mixed Fund Remittance Calculator

Remittances from mixed funds can be difficult to calculate. The amount in the mixed fund needs to be split into its components and then remittances are allocated against these components in a pre-defined order. Use our mixed fund remittance calculator to calculate the amounts remitted automatically.... keep reading

Global Tax Solution
27/07/2022Global Tax Solution

Use our interactive tool to determine not just tax residence requirements in over 100 jurisdictions, but an estimate of the income tax payable in 60+ jurisdictions. Compare up to 4 jurisdictions to determine the potential income tax on a given income level... keep reading

Global Tax Engine
19/07/2022Global Tax Engine

Unrivalled Global Tax Analysis and Insights Our Global Tax Engine provides access to a suite of international tax planning tools that allow you to determine tax-efficient international structures th... keep reading

Remittance Basis Calculator
06/07/2022Remittance Basis Calculator

Use our remittance basis calculator to determine whether it's worthwhile to claim the remittance basis... keep reading

2022 Global Tax Financing Tool
01/06/20222022 Global Tax Financing Tool

International financing creates opportunities for tax planning but there are a number of factors to take into account. Aside from the corporate income tax rates in the country of residence and the source jurisdiction, withholding tax rates apply domestically and may be reduced by the terms of any double tax treaty in place. In addition, interest deductibility rules in the source jurisdiction may restrict the tax deduction for the interest payable. This unique tax tool takes account of all these factors to provide an estimate of the most tax efficient structuring options... keep reading

Digital Services: 2022 International VAT Tool
Digital Services: 2022 International VAT Tool

Supplying digital services internationally raises a number of VAT issues. In particular, the VAT treatment in the destination country as well as the country of residence, whether there is a requirement to register, where is the place of supply, and whether a reverse charge mechanism applies on the destination country. All of these rules are dependent on the domestic VAT legislation in the respective countries. Our tool provides all of this information in over 100 jurisdictions, at the click of a button... keep reading

International Corporate Tax Tax Planning Tool
30/05/2022International Corporate Tax Tax Planning Tool

Trading internationally via foreign subsidiaries raises a number of tax implications. A key consideration is the corporate income tax payable in the parent and subsidiary jurisdictions, as well as withholding tax on dividend extractions from the subsidiary to the parent. In addition, the terms of any double tax treaty would need to be considered to assess if a reduced withholding tax rate applies. This tool calculates all of these figures for over 50 jurisdictions.... keep reading

International Personal Income Tax Calculator 2022
30/05/2022International Personal Income Tax Calculator 2022

Estimate your personal income tax liability in over 60 jurisdictions. Simply enter your estimated taxable income in USD and this calculator calculates the income tax liability based on the local rates/currency and converts it back into USD.... keep reading

2022 - International Personal Tax Assessment Tool
03/05/20222022 - International Personal Tax Assessment Tool

Use our International Tax Personal Assessment Tool to identify the latest 2022 tax residence requirements and income tax rates in over 120 jurisdictions... keep reading

Incorporating a Property Business: Tax Tool
24/09/2021Incorporating a Property Business: Tax Tool

Given the various tax changes for both individuals and companies holding property investments this tax calculator guides you through the key issues, including how to incorporate tax efficiently (where applicable)... keep reading

Members of WealthProtectionReport.co.uk get access to all of our unique tax guides, completely free of charge.

Members Books
FREE DOWNLOAD - Tax Planning With Double Tax Treaties: 2022/2023
19/12/2022FREE DOWNLOAD - Tax Planning With Double Tax Treaties: 2022/2023

In this book we look at a variety of tax planning strategies that arise from the terms of the UK's double tax treaties. This book is updated for the 2022 changes.... keep reading

FREE DOWNLOAD - Tax Planning For The Family Home: 2022/2023
16/12/2022FREE DOWNLOAD - Tax Planning For The Family Home: 2022/2023

For many people the family home is the most valuable asset they have. As such protecting its value will be of key importance. In this tax guide we look at the key tax planning opportunities for the family home and private residences.... keep reading

FREE DOWNLOAD - Non-Resident and Offshore Tax Planning 2022/2023: How To Cut Your Tax To Zero
15 December 2022FREE DOWNLOAD - Non-Resident and Offshore Tax Planning 2022/2023: How To Cut Your Tax To Zero

This brand new (December 2022) edition of our best selling offshore tax planning book tells you what you need to know to take advantage of offshore opportunities and slash your UK tax bill. It's a pretty comprehensive look at plenty of UK and offshore tax planning techniques including residence, domicile, emigration, using offshore companies and trusts, buying property overseas and much more.... keep reading

FREE DOWNLOAD - Inheritance Tax Planning Handbook 2022/2023: Strategies & Tactics To Save Inheritance Tax
15/12/2022FREE DOWNLOAD -  Inheritance Tax Planning Handbook 2022/2023: Strategies & Tactics To Save Inheritance Tax

Inheritance tax is a particularly nasty tax as it's a tax on your capital that you've accumulated from your after tax earnings. In this book we look at some of the top ways you can legally reduce your inheritance tax liability.... keep reading

FREE DOWNLOAD - Company Tax Planning Handbook 2022/2023
01/12/2022FREE DOWNLOAD - Company Tax Planning Handbook 2022/2023

This book looks at a number of tax planning issues for company owners and considers both corporate and personal tax planning opportunities available. It is updated for the latest changes for 2022/2023.... keep reading

FREE DOWNLOAD - Buy-To-Let Tax Planning In 2022/2023
23/11/2022

Buy-To-Let ("BTL") landlords have to consider Income Tax, Capital Gains Tax, Inheritance Tax and Stamp Duty Land Tax on their property holdings. In this book we look at tax planning techniques that all BTL landlords can consider to reduce the amount of these taxes they pay.... keep reading

FREE DOWNLOAD: The Digital Services Revolution - How You're Taxed Internationally When You Sell or Provide Services Online
07/01/2022FREE DOWNLOAD: The Digital Services Revolution - How You're Taxed Internationally When You Sell or Provide Services Online

This guide is essential reading for anyone providing digital or online supplies of goods and services. It looks at the international tax treatment from both an income tax/corporate perspective as well as VAT/GST.... keep reading

FREE DOWNLOAD: International Tax Unlocked: How You're Taxed When You Move Overseas, Trade Overseas or Have Foreign Income
11/08/2021FREE DOWNLOAD: International Tax Unlocked: How You're Taxed When You Move Overseas, Trade Overseas or Have Foreign Income

The aim of this guide is to give context to the considerations for 99% of international tax planning scenarios. Without understanding the information contained here, you will find it very difficult to apply or structure any kind of tax planning to your international transactions/assets.... keep reading

FREE DOWNLOAD - Tax Planning For The Statutory Residence Test: 2021/2022
22/06/2021FREE DOWNLOAD - Tax Planning For The Statutory Residence Test: 2021/2022

The Statutory Residence Test ("SRT") applies from April 2013 and aims to provide a comprehensive method of clearly establishing when an individual will (and won't) be UK resident. In this guide we provide detailed guidance as to how the new rules apply and the tax planning opportunities available.... keep reading

FREE DOWNLOAD - The World's Best Tax Havens 2021/2022
01/06/2021FREE DOWNLOAD - The World's Best Tax Havens 2021/2022

This 175 page book provides a rare insight into the glamorous world of tax havens and is fully updated for the latest 2021/2022 changes. The first half contains fascinating information on 30 of the world's best tax havens -- from the exotic Cayman Islands, British Virgin Islands and Monaco, to less well-known but highly attractive tax havens like Cyprus, Italy, Spain, Sweden, Malta, the Netherlands and the Isle of Man. The second half of the book explores how big companies and the rich use tax havens and how, with proper planning, you too could legally enjoy some of these benefits. |Image1|... keep reading

FREE DOWNLOAD - Tax Planning With LLP's: 2021
17/05/2021FREE DOWNLOAD - Tax Planning With LLP's: 2021

In this guide we look at what an LLP is, how it is taxed, and when and how you can use LLP's to reduce your UK taxes. We cover planning for income tax, capital gains tax and inheritance tax. This guide is essential reading for anyone interested in using an LLP.... keep reading

FREE DOWNLOAD - Tax Planning With Offshore Companies : The A-Z Guide
February 2022 EditionFREE DOWNLOAD - Tax Planning With Offshore Companies : The A-Z Guide

This guide contains detailed information on how offshore companies are taxed in 2021/2022and how (and when) you can use them to reduce your UK taxes.... keep reading

FREE DOWNLOAD - Tax Planning For Non Doms: 2017
03/10/2017FREE DOWNLOAD - Tax Planning For Non Doms: 2017

This Practitioner Zone guide looks at the tax regime for non UK domiciliaries ("non doms") as from April 6, 2017 and looks at some of the tax planning opportunities. It is updated for the 2017 Finance Bill, 2017 Finance (No2) Bill and analyses the impact of these changes on non doms.... keep reading

FREE DOWNLOAD - Planning For The 3% SDLT Increase: 2016+
03/03/2016FREE DOWNLOAD - Planning For The 3% SDLT Increase: 2016+

The Government announced in its Autumn Statement 2015 that 3% higher SDLT rates will apply to purchases of additional residences from 1 April 2016. In this Practitioner Zone guide we look at the current state of play and the key tax planning opportunities.... keep reading

FREE DOWNLOAD - Tax Planning For Dividends: 2016+
17/12/2015FREE DOWNLOAD - Tax Planning For Dividends: 2016+

The tax treatment of dividends is changing from 6 April 2016. In this Practitioner Zone guide we look at the current as well as the new tax regime to identify key tax planning opportunities.... keep reading

FREE DOWNLOAD - Tax Planning With Property Companies: 2016 & 2017+
04/12/2015FREE DOWNLOAD - Tax Planning With Property Companies: 2016 & 2017+

Owning investment properties via a company has a number of tax advantages and in many cases it can be preferable to owning personally. However, there have been a large number of tax changes that affect both property investors and company owners from April 2016 and April 2017 and further ongoing changes that apply from April 2020. In this guide we look at the nature of these changes and assess how they impact on the decision to use a company to hold UK investment property. This Practitioner Zone guide is updated for the 2015 Budget, July Summer Budget and 2015 Autumn Statement provisions.... keep reading

FREE DOWNLOAD - De-enveloping: UK Tax Planning
FREE DOWNLOAD - De-enveloping: UK Tax Planning

For many years company ownership of UK residential property was preferred by foreign property investors, however recent changes have changed this. This guide looks at tax planning for anyone interest in "de-enveloping" a UK residential property from a company (frequently an offshore company)... keep reading

FREE DOWNLOAD - Tax Planning For Financial Investments: Bonds, Unit Trusts, Options, CFD's and Futures
20/11/2015FREE DOWNLOAD - Tax Planning For Financial Investments: Bonds, Unit Trusts, Options, CFD's and Futures

The tax regime as it applies to investors in options, CFD's, bonds and other financial investments can be complex. In this guide we look at the tax treatment of these investments in detail. We illustrate the key points and planning opportunities with numerous easy to understand examples. This guide is updated for the 2015 Budget and July Summer Budget provisions.... keep reading

FREE DOWNLOAD - Tax Planning For Interest and Mortgages - 2017+
FREE DOWNLOAD - Tax Planning For Interest and Mortgages - 2017+

Significant changes to the tax treatment of interest expenses incurred by property investors are to be implemented from April 2017. In some cases these changes will lead to a significant increase in the tax liability on rental profits. This Practitioner Zone guide looks at these changes in detail.... keep reading

FREE DOWNLOAD - Tax Planning For Non Doms: 2016 and 2017
04/11/2015FREE DOWNLOAD - Tax Planning For Non Doms: 2016 and 2017

This Practitioner Zone guide looks at the tax regime for non UK domiciliaries ("non doms") in 2016 and 2017 and looks at some of the tax planning opportunities. It is updated for the 2015 Budget and July 2015 Summer Budget changes and analyses the impact of these changes on non doms.... keep reading

FREE DOWNLOAD - Capital Gains Tax Planning Handbook 2015/2016: Strategies & Tactics To Reduce Tax
20/10/2015FREE DOWNLOAD - Capital Gains Tax Planning Handbook 2015/2016: Strategies & Tactics To Reduce Tax

This book looks in detail at how you can reduce capital gains tax in 2015/2016. The CGT reliefs are one of the main ways that most people reduce CGT. We therefore look at all of the main reliefs in detail. There are lots of other CGT planning opportunities from using the humble annual exemption to the more exotic such as using offshore trusts. We cover all of these in this guide.... keep reading

NEW BOOK: Tax Planning For Residential Property - Where We Are Now
05/10/2015NEW BOOK: Tax Planning For Residential Property - Where We Are Now

In this new book we look at tax planning for UK residential property, taking account of the tax changes over the past two years and all future changes arising from the 2015 Budget and Summer Budget. We look at tax planning on purchasing UK property, funding the purchase, disposing of property, Inheritance tax planning and other issues... keep reading

FREE DOWNLOAD - Buy To Let Tax Planning In 2015/2016
01/10/2015FREE DOWNLOAD - Buy To Let Tax Planning In 2015/2016

Buy To Let ("BTL") landlords have to consider Income tax, Capital gains tax, Inheritance tax and Stamp duty land tax on their property holdings. In this book we look at tax planning techniques that all BTL landlords can consider to reduce the amount of these taxes they pay.... keep reading

FREE DOWNLOAD - Company Tax Planning Handbook 2015/2016
23/09/2015FREE DOWNLOAD - Company Tax Planning Handbook 2015/2016

This book looks at a number of tax planning issues for company owners and considers both corporate and personal tax planning opportunities available. It is updated for the latest changes for 2015/2016 and includes numerous new sections.... keep reading

FREE DOWNLOAD - Non-Resident and Offshore Tax Planning 2015/2016: How To Cut Your Tax To Zero
June 2015FREE DOWNLOAD - Non-Resident and Offshore Tax Planning 2015/2016: How To Cut Your Tax To Zero

This brand new (June 2015) edition of our best selling offshore tax planning book tells you what you need to know to take advantage of offshore opportunities and slash your UK tax bill. It's a pretty comprehensive look at plenty of offshore tax planning techniques including residence, domicile, emigration, using offshore companies and trusts, buying property overseas and much more.... keep reading

FREE DOWNLOAD - CGT Planning For UK Property: 2015 & Beyond
06/05/2015FREE DOWNLOAD - CGT Planning For UK Property: 2015 & Beyond

Over recent years there have been changes to the capital gains tax (CGT) treatment of UK residential property held by companies. Further changes are to be made from 2015 and 2016 which will have a massive impact on how non UK residents and many non UK domiciliaries will be taxed on holdings of UK residential property. In this guide we look at the current CGT position and examine how the changes will apply before looking at the key tax planning opportunities going forward.... keep reading

FREE DOWNLOAD - Tax Planning With Holding Companies: 2015+
02/03/2015FREE DOWNLOAD - Tax Planning With Holding Companies: 2015+

Structures such as the "Double Irish" and the "Dutch Sandwich" have gained press attention due to being used by various multinational groups to reduce their effective tax rate. Although changes are being introduced to target these, they are still effective. We look at how these structures operate and how you can use them in 2015.... keep reading

FREE DOWNLOAD - Offshore Companies Holding UK Property: 2015+
07/02/2015FREE DOWNLOAD - Offshore Companies Holding UK Property: 2015+

In this book we look in detail at precisely how offshore companies owning UK property are taxed, taking account of the tax changes in 2013 and 2014 as well as the planned changes in 2015 and 2016.... keep reading

FREE DOWNLOAD - Royalty Tax Planning 2014/2015: Strategies & Tactics To Reduce Tax
17/01/2015FREE DOWNLOAD - Royalty Tax Planning 2014/2015: Strategies & Tactics To Reduce Tax

Royalties present particular and unique challenges when it comes to tax planning. Not only do many companies own intellectual property, writing and selling both printed books and e-books online is becoming more popular. In this guide we look at some of the key tax planning opportunities for individuals and companies receiving royalty income.... keep reading

FREE DOWNLOAD - Family Tax Planning Handbook 2014/2015: Strategies & Tactics To Reduce Tax
06/01/2015FREE DOWNLOAD - Family Tax Planning Handbook 2014/2015: Strategies & Tactics To Reduce Tax

In many ways one of the simplest ways to reduce tax is to hold assets and split income with your spouse and children/grandchildren. However, whilst there are numerous tax benefits available there are also some nasty traps for the poorly advised. In this Gold and Practitioner Zone book we look at exactly when and how you can shelter assets from income tax, capital gains tax and inheritance tax including planning with other family members.... keep reading

FREE DOWNLOAD - Tax Planning For Termination Payments
26/09/2014FREE DOWNLOAD - Tax Planning For Termination Payments

If you're receiving a severance package, ensuring that you qualify for all your available tax exemptions/reliefs is important. In this Gold and Practitioner Zone report we summarise how these will apply... keep reading

FREE DOWNLOAD - UK Agency/Nominee Structure 2014
17/09/2014FREE DOWNLOAD - UK Agency/Nominee Structure 2014

Using a UK company as an agent for an offshore Principal can be attractive for both tax and asset protection purposes.In this Gold and Practitioner Zone report we summarise how this will operate and how it should be structured.... keep reading

FREE DOWNLOAD - Offshore Structuring 2014
09/09/2014FREE DOWNLOAD - Offshore Structuring 2014

In this Gold and Practitioner Zone book we look at some of the key offshore tax planning concepts and opportunities for 2014.... keep reading

FREE DOWNLOAD - Offshore Companies: 15 Ways To Reduce Taxes
04/08/2014FREE DOWNLOAD - Offshore Companies: 15 Ways To Reduce Taxes

There are a number of complex anti avoidance rules that can apply where offshore, non-resident companies are used for UK tax planning. In this Gold and Practitioner Zone book we look at 15 of the main ways that offshore companies can still be used for UK tax planning purposes. We look at how the anti avoidance rules apply in various scenarios and assess how these will impact on the UK tax treatment.... keep reading

FREE DOWNLOAD - Tax Planning For Entrepreneurs Relief 2014/2015
16/07/2014FREE DOWNLOAD -  Tax Planning For Entrepreneurs Relief 2014/2015

There are a number of hoops to jump through in order to claim Entrepreneurs relief and reduce your rate of CGT to 10%. In particular you need to ensure that the assets sold are "qualifying assets". You also need to ensure you have owned them for the requisite period of time and that none of restrictions or anti avoidance rules apply. We look at all of this (and more) in this book.... keep reading

FREE DOWNLOAD - Tax Planning With Trusts 2014
23/06/2014FREE DOWNLOAD - Tax Planning With Trusts 2014

Trusts offer a highly attractive way to pass wealth onto other family members in a tax efficient manner. In this book we look at when and how both UK and offshore trusts can be used to reduce UK income tax, capital gains tax and inheritance tax.... keep reading

FREE DOWNLOAD - E-Commerce Tax Planning 2014/2015
FREE DOWNLOAD - E-Commerce Tax Planning 2014/2015

If you're trading via a website or are involved in other e-commerce activities there are a number of tax planning opportunities available. In this book we look at tax planning for all types of e-commerce businesses - from maximising deductions and deciding whether to use a company, to structuring international e-commerce tax efficiently.... keep reading

FREE DOWNLOAD - Tax Planning For The Statutory Residence Test: 2014/2015
21/05/2014FREE DOWNLOAD - Tax Planning For The Statutory Residence Test: 2014/2015

The new Statutory Residence Test ("SRT") applies from April 2013 and aims to provide a comprehensive method of clearly establishing when an individual will (and won't) be UK resident. In this guide we provide detailed guidance as to how the new rules apply and the tax planning opportunities available.... keep reading

FREE DOWNLOAD - Tax Planning For Property Developers: 2014/2015
07/05/2014FREE DOWNLOAD - Tax Planning For Property Developers: 2014/2015

If you are trading or are planning to trade or develop property, a key consideration will be reducing the amount of UK tax charged on the profits from the development. In this guide we look at how property developers are taxed as well as the key techniques they can use to reduce UK tax.... keep reading

FREE DOWNLOAD - Working Overseas: The Complete Tax Planning Guide 2014/2015
26/03/2014FREE DOWNLOAD - Working Overseas: The Complete Tax Planning Guide 2014/2015

If you're working overseas either as a permanent move or under a short term secondment you should carefully consider the tax planning opportunities available to you. Many people look to go and work overseas. One of the key considerations will be achieving the tax advantages that go with working overseas. In this book we look in detail at the tax planning issues and opportunities that everyone should be considering when they move overseas.... keep reading

FREE DOWNLOAD - How To Avoid Tax On Overseas Property 2014/2015
13/03/2014FREE DOWNLOAD - How To Avoid Tax On Overseas Property 2014/2015

Of increasing importance to property investors are overseas property developments. Investors looking to benefit from higher levels of capital growth often look overseas. This opens up even more tax planning opportunities as now there are two (or more) jurisdictions to consider, as opposed to one.... keep reading

FREE DOWNLOAD: Offshore Tax Secrets 2014
25/02/2014FREE DOWNLOAD: Offshore Tax Secrets 2014

Although there are now a raft of anti avoidance rules that apply to all sorts of offshore planning, for the well advised there are still opportunities available.In this guide we look at some of the top offshore tax planning opportunities still available and how you can use them.... keep reading

FREE DOWNLOAD - Inheritance Tax Planning For Non UK Domiciliaries
2014 EditionFREE DOWNLOAD - Inheritance Tax Planning For Non UK Domiciliaries

Non UK domiciliaries are in a privileged position when it comes to UK Inheritance tax planning. So long as they can retain their non UK domicile status they can avoid UK inheritance tax on their overseas estate. Of course it is not quite this simple and there are a lot of obstacles to them benefiting from these rules.... keep reading

FREE DOWNLOAD - Tax Planning With LLP's
FREE DOWNLOAD - Tax Planning With LLP's

In this guide we look at exactly how an LLP is taxed, before looking at how you can use LLP's to reduce your UK taxes. We cover how LLP's can be used by individuals as well as companies for UK tax planning.... keep reading

FREE DOWNLOAD - Offshore Tax Planning For UK Companies In 2014
05/02/2014FREE DOWNLOAD - Offshore Tax Planning For UK Companies In 2014

If you're interested in offshore tax planning involving UK companies there are plenty of opportunities available.In this guide for our Gold & Practitioner members we show you how and when you can use your UK company as part of an offshore tax planning strategy.... keep reading

FREE DOWNLOAD - Offshore Telecommuting: How To Avoid Taxes and Live and Work Offshore
FREE DOWNLOAD - Offshore Telecommuting: How To Avoid Taxes and Live and Work Offshore

Telecommuting is one of the hot topics at the moment. You've probably read of people sitting on a beach in the Caribbean working from their laptop, or sitting on board their boat moored in Cyprus and working from their mobile phone? Well if you have, this shows you the possibilities that telecommuting can offer you. In short we're talking a complete change in lifestyle for most people. This guide will show you exactly how you could be doing this.... keep reading

FREE DOWNLOAD - Tax Planning For Fiscal Nomads & Perpetual Travellers
16/01/2014FREE DOWNLOAD - Tax Planning For Fiscal Nomads & Perpetual Travellers

Many people enjoy going on their summer holidays as a tourist in a foreign country. How would you fancy extending this 'holiday' permanently?The basic principle is to exploit the residency rules in a number of countries so that you're not caught by any one country's tax net.In this guide for our Gold Members we look at how you can achieve this and the tax planning benefits and issues involved.... keep reading

FREE DOWNLOAD - Where To Base Your Offshore Company
06/01/2014FREE DOWNLOAD - Where To Base Your Offshore Company

There are a lot of firms offering to create low cost offshore companies, but which jurisdiction should you choose? In this mini guide we look at how offshore companies can be used and some of the top places to base your offshore company.... keep reading

FREE Download: Selling Your Business 2013
18/12/2013FREE Download: Selling Your Business 2013

If you're selling your business or company this is an essential read. The tax at stake could be significant and this 170 page book goes through in detail the tax planning opportunities available to you to enable you maximise your net disposal proceeds. It covers lots of issues from straightforward tax reliefs such as taper relief and rollover relief to more complex reconstructions, hive ups and share reorganisations.... keep reading

FREE DOWNLOAD - How To Legally Pay Less Tax: 34 Top Tips
08/11/2013FREE DOWNLOAD - How To Legally Pay Less Tax: 34 Top Tips

By undertaking simple tax planning many people can significantly reduce the amount of tax they pay. In this guide we look at 34 top tax tips to reduce income tax, capital gains tax, inheritance tax and SDLT.... keep reading

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You get immediate access to all site resources including the UK and foreign tax planning resources and tax calculators, all UK and foreign tax reports, our UK and foreign tax 1-to-1 Q&A service and you can download ALL of our tax books for free.

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LLP Articles and Q&A's
Tax relief for car losses in LLP - USERNAME: nmc -18/04/2023

Tax Question: If I am a member of an LLP that purchases several classic cars for investment purposes but also to use. Are the costs of maintaining and running the vehicles available as losses to be offset against the members of the LLP's other income?... keep reading

UK LLP as permanent establishment? - USERNAME: Civilisti - 05/10/2022

Tax Question: Hello, 1) I would appreciate, if you could advice regarding LLP UK. If the LLP UK company (owned by two nonresident legal entities) is purchasing goods in UK and selling them overseas, is there any risk that LLP UK might be classified as permanent establishment in UK and should it have any affect on LLP UK partner taxation on profits overseas? Shall the UK LLP partners (non residents) be taxed according UK legislation, if this company would trade(purchase and sell in UK)? Thank you in advance... keep reading

Non resident using a UK LLP - UK branch? USERNAME- Robbie - 10/03/2022

Tax Question: Hi, I am looking into setting up a UK LLP with one member being a UK resident and domicile (potentially we can incorporate a UK limited company instead of individual membership) and another non UK resident/non-dom (again we are looking into involving an offshore company). The majority partner (over 50%) will be based in the UK. The services will be provided both in the UK and overseas. Control and management will be exercised jointly and from both locations (we can have management meetings both in the UK and overseas) Our concern is that UK LLP will be treated as a branch and overseas member will loose pass-through treatment. What should we bear in mind to avoid/minimise overseas partner paying taxes on all profits (including the ones arising outside the UK)? Many thanks... keep reading

Tax treatment of a purchase of an aeroplane by an LLP - USERNAME: Brad1 - 28/06/2021

Tax Question: Is it possible to buy a small aeroplane using a UK LLP and use it for an element of personal use (in addition to it being available for hire) without incurring a BIK charge, in the same way as a company car is treated within an LLP?... keep reading

LLP and IHT - USERNAME: oaryne - 15/02/2021

Tax Question: Hi, I have a question about property that has been moved into a LLP. Firstly, if you were to introduce other members, is there any tax planning strategies where CGT could be avoided? In addition, is there any advantages of a LLP structure when it comes to inheritance tax? Thanks... keep reading

Tax relief for R&D costs incurred by an LLP? - markmartin - 06/09/2017

Qualifying R&D software development costs, together with the intellectual property rights, have been transferred from an LLP to a limited company as part of a TOGC on incorporation. The R&D development is associated with continuing project whereby further costs have been subsequently incurred since incorporation. Are there any R&D enhancement claims available for the costs originally incurred by the LLP, which have now been transferred into the limited company?... keep reading

Tax position of 2 LLP's - USERNAME: peppino - 21/11/2016

Tax Question: There are different opinions on the tax treatment regarding a UK LLP with non resident members and no trade in UK holding another UK LLP always without trading in UK. A tax advisor state "If one LLP owns another LLP, then second LLP and subsequently members of that LLP will be taxed in the UK, as it will be considered a UK source of income" What is your point of view regarding this case ?... keep reading

Dutch association as LLP member - USERNAME: peppino - 29/10/2016

Tax Question: Hi, I'm wondering if in your opinion an unincorporated association with a Dutch address can be a member of a UK LLP.... keep reading

LLP loss on dissolution - USERNAME: AidhanAccountancy - 23/08/2016

Tax Question: Hi- I have a question about partnership losses. Here is a scenario of one of my client. Four limited company has formed a partnership (LLP). Each company has 25% hlding in LLP. We are now dissolving the LLP and it has considerable amount of losses. Question Can we surrender the loss to four limited company? And claim corporation tax relief on limited company's tax return (CT600) Thanks - Aidhan accountancy.... keep reading

CGT and LLP - USERNAME: OPG001 - 29/07/2016

Tax Question: I would like to ask about tax implication for such for following scenario. Two individual (wife & husband) currently UK resident purchase a buy-to-let property in 2006 for £250K and expect to remain UK resident. The property is now worth £500K in 2016. What is the tax implication if they forms an LLP, trading under an LLP for for that property for 2 years. After 2 years, they incorporate it as an SPV, rental income will than be based on corporation tax. They decide to sell it after 1 year trading as an SPV. What are the capital gain implication at all of the situation from individual to LLP and from LLP to incorporate?... keep reading

Using an LLP for holding UK serviced accommodation - USERNAME: viral - 05/07/2016

Tax Question: Hi An offshore company is considering purchasing a building in the UK which will operate as serviced apartments using a specialist service apartment operator. At some point, the plan is to sell some of the serviced apartments on a sale and leaseback basis or maybe even as dwellings. As all the investors are non-resident what would be the optimum structure? Our thoughts are using an LLP instead of an Off-shore company to acquire the property as: Using a UK LLP to undertake the acquisition and receive the revenue generated by the serviced apartments with two LLP partners both of whom will be non-resident companies. Thus, any CGT on onward sales of the serviced apartments will be CGT exempt.The LLP also enable flexibility in terms of changes in partners and profit shares. Would welcome your thoughts.... keep reading

LLP withholding tax? - USERNAME: nrv - 24/05/2016

Tax Question: Hi, I have an LLP with 2 offshore company members (companies resident in Belize and Seychelles) The UK LLP is a holding company, 100% oner of another EU legal entity. The LLP does not carry out any taxable supply, it is a pure holding company. The other EU company would pay dividend to the UK LLP. Since the UK LLP 100% oner (parent) of the other EU company, there is no withholding tax on the dividend paid to the UK (Due to EU directive). The question is, that when the LLP dividend income (which is already taxed) is distributed to the offshore company members (resident in Belize an Seychelles) does withholding tax (or any other tax liability) arise? Is there any anti-avoidance measure applicable in this situation? Thanks... keep reading

Tax treatment of LLP income - USERNAME: NRV - 18/05/2016

Tax Question: Hi, I am just wondering if you can advise on the tax treatment on dividend received by an LLP. The dividend is paid to the LLP by a company resident in an other EU member state (no withholding tax). This is already a taxed income. Normally if it is received by an Ltd directly it is not considered as income from corporation tax point of view as far as I know. With respect to the LLP I am a bit lost. Since the LLP is transparent, the taxed dividend is received by the Ltd and the other member (which is a private person) The question is, that the dividend when it is distributed between the members are still taxed income, so there is no further tax on it, or there is liability on the part of the members? By the private person I assume, that it is taxed as income, but by the Ltd is this a basis of the corporation tax or not? Thanks... keep reading

3% SDLT surcharge on property purchase by LLP - USERNAME: peppino - 05/04/2016

Tax Question: Hi, UK LLP with two offshore corporate members. We hold at the moment one residential freehold with 7 flats, another residential freehold (mews house), a commercial freehold with three shops. I would like to know if we will buy a new residential property we will have to pay the new additional 3% SLT or a relief can apply. Thank you.... keep reading

Income tax for nominee member of LLP? - USERNAME: ElenaG - 22/03/2016

Tax Question: I am considering using a nominee member [individual, non UK resident or domicile] for a UK LLP. How will it work from the tax perspective? Will the Nominee Member be required by HMRC to complete Income Tax return or it will be myself [as I am a beneficial owner]? Potentially, they can be mixed trade in the UK but predominantly overseas. I need to be clear on the filing requirements and Income Tax from the Nominee Perspective. Is it a good alternative to an offshore company being a member of a UK LLP?... keep reading

PSC Register for LLP - USERNAME: peppino - 18/03/2016

Tax Question: UK LLP with two offshore corporate partners. The LLP doesn't trade in UK but 20% o turnover come from a BTL business in UK and one member is registered into the NRL scheme to get the rent without deductions. The LLP is classified in the Company House register as a "Non European Economic Area (EEA) LLP" My question. Will the LLP be affected by the new PSC Register ('persons with significant control' ) ? LLPs incorporated under the Limited Liability Partnerships Act 2000 are required to maintain a register of people with significant control over the LLP... keep reading

Tax for IBC partners in LLP? - USERNAME: ltdconsulting - 29/02/2016

Tax Question: I would like run LLP company with 2 x Seychelles IBC partner. LLP will keep shares in other private limtied companies - in most cases. LLP will sell shares only . 1/ Do I must register as VAT ? I think not - it's financial intermediary - not trading 2/ Can I avoid UK tax f 2 members are offshore companies?... keep reading

Use of LLP or LLC for "flow through" tax benefits - USERNAME: abell - 17/02/2016

Tax Question: Could you comment on the advisability of using a UK Ltd or LLP as a personal investment holding vehicle? I am a British citizen resident in Austria, with no plans on returning to the UK. Using personal funds and a UK based brokerage account I invest in international stock markets, primarily US and UK companies. As a resident of Austria i am taxed on dividends received and capital gains. I have recently discovered that in the event of my death the US would charge estate taxes on any US shares in my portfolio. So i am seeking a way around this. I understand that one possible route would be to own the share portfolio through a legal entity. However an Austrian Gmbh would not be a very tax efficient vehicle with dividends and capital gains eventually being taxed twice by the time they reach me. So i am looking for alternatives. Would it make sense for me to use a UK vehicle, such as a Ltd or LLP? If i understand correctly, a UK LLP would allow the tax obligation to 'fl... keep reading

UK tax for non resident members of UK LLP? - USERNAME: nt.ly140879 - 30/12/2015

Tax Question: Two offshore companies (BVI) created UK LLP. LLP is selling medical equipment to Russia, buying it in Germany. Office based in London (UK). No sales in UK. Directors of BVI companies are residents of Russia and Israel. We understood that partners are are not subject to UK taxation and directors and shareholders of BVI companies (partners) have to pay tax on their earnings received from companies based on a tax law of the countries of the residence. Can you please indicate me whether our understanding is correct? Thank you in anticipation of an early reply.... keep reading

Tax for UK LLP with non resident partners - USERNAME: leoctt - 27/10/2015

Tax Question: My questions are related to using an UK LLP formed by non-residents off-shore companies and/or natural persons. This LLP is being formed to provide international services related to business aircraft brokerage and consultancy services. So, the questions are: 1. Which are the implications regarding income taxation on this UK LLP, concerning the tax transparent system? Having one IBC BVI company and one non-UK resident person as partners, or having two BVI's companies as partners change the results, regarding the pass-through treatment in the UK? 2. Most of the businesses, let's say, 95% presumably, are expected to be done without any UK entity. Having, by chance, one or another occasional business involving an UK Entity, let's say again, an UK biz jet being sold to Mexico company, where we (the Uk LLP) are going to be the sale's agent, receiving an brokerage fee, I understand that on this case, incoming tax is applicable for that specific transaction, right? Secondly, ... keep reading

Romanian resident and UK tax on trading profits using an LLP? - USERNAME: kimov - 30/07/2015

Tax Question: Hi, I am a non-uk resident(Bulgaria registered company) and I would like to set-up an LLP in UK with another non-uk resident(Bulgaria registered company)or in a partnership with an UK person/resident. I have a web site selling travel services (transfers and car hire) in Romania, European union. I sale this services to customers from all over the world including to UK customers/residents. All travel services and the maintenance of the web page are solemnly implemented in Romania only. Is my business considered from UK source of trade and carried out with or within UK in regards of taxation of my income as a partner in the UK LLP? Is my income as a non-UK resident/member/partner in a LLP liable for taxation in UK or in Bulgaria? Thanks a lot for your time and advise in advance. D... keep reading

Transfer of LLP interest? - USERNAME: Casio - 21/04/2015

Tax Question: Hi Grandfather who is a partner in LLP - can he gift his share to his grandchildren and if so what is required.... keep reading

LLP with corporate members - USERNAME: rocky - 25/03/2015

Tax Question: HI , 2 individual are setting up an LLP . The 2 individual will set up 2 companies to be appointed as members. The LLP will hold the lease for premises , employ staff and day today running of the facility. The 2 LTD will operate on their own , consulting client and invoicing the client directly. The 2 LTD will pay the LLP a fee for the usage of the facility. The LLP will also have its owns activities secondary to the Ltd and and complementary services to the LTD. Is there any tax issues to be aware of ? Thanks... keep reading

Profit allocations for LLP's - USERNAME: Rocky - 20/03/2015

Tax Question: Hi, What are the specific rules for mixed LLP's where the members are both companies and individuals and what are the issues with profit allocations? Thanks Dickens... keep reading

Treatment of LLP with company members - USERNAME: rocky - 19/03/2015

Tax Question: HI, 2 person A and B wants to set up an LLP in the UK. A and B are not uk resident but they will come to the uk from time to time to perform their activity and they have an office here. A and b will set up to LTD to be the members of the UK LLP and the will also rent a flat in the UK. Questions: - any implication for this set up if they use a company as members - the partnership agreement will contain a clause where A and B will share the profit based on the work perform /invoice issued, is this possible? - the profit received from the LLP , will these suffer corporation tax or will they be classified as income tax (individual)? Thanks... keep reading