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Query over tax for LLP

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Original Message Added : 19 Jul 2010
 
We have set up as an LLP offering architectural services and just completed our first trading year - we have some queries and are awaiting feedback from our accountant but would appreciate confirmation of the following:

- What dictates a 'sale'? We are a service and a great deal of time passes from the point of appointment by the Client to issue of invoice and then receiving payment. We assumed a sale is when payment is received, not when work starts/appointment.

-- We will pay tax on the profits as a split 50-50 (2 partners with equal share). As an example, the LLP profit is £2k, therefore on our personal tax we are liable for £1k each (+ any drawings). In the next/current tax year, we will draw £1k at some point, but how do we record this in the balance sheet/p&l and for the tax-man next year?

- Is there any reason why we can't change the deed of partnership to 80-20 etc? 

Finding tax to be minefield! Any help is greatly appreciated

Lime 3 LLP
Location :Basingstoke
Joined : 17 April 2008
Posts :7  ( 0)
Reply : 19 Jul 2010
 
I have responded to your questions below:

What dictates a 'sale'? We are a service and a great deal of time passes from the point of appointment by the Client to issue of invoice and then receiving payment. We assumed a sale is when payment is received, not when work starts/appointment

- generally sale recognized in the period in which the economic event takes place, usually at the point of sale—not when the cash actually changes hands. In your case I would say sale takes places when you issue the invoice.

We will pay tax on the profits as a split 50-50 (2 partners with equal share). As an example, the LLP profit is £2k, therefore on our personal tax we are liable for £1k each (+ any drawings). In the next/current tax year, we will draw £1k at some point, but how do we record this in the balance sheet/p&l and for the tax-man next year?

You are taxed on your profits each tax year. The amounts of cash you draw is irrelevant. For £1k profits in current tax year, will be taxed. That is it. You do not need to show this in the partnership return for the next tax year.

Is there any reason why we can't change the deed of partnership to 80-20 etc

More a legal question. From the tax perspective, you can change this. All you need to do is to reflect this in your tax return.

I hope this helps.

Southside Accountants

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Aziz Merchant Mba, Fcca, Bsc (Hons)Aziz Merchant Mba, Fcca, Bsc (Hons) from
Southside Accountants
Location :London
Joined : 31 May 2009
About :Finance and Accounting Expert
Contact :Send Private Message
Posts :312  ( 200)
Reply : 20 Jul 2010
 
Thank you for your response. One further query/follow on, we have been advised that the remerneration/drawings by the partners is not deducted as a cost to calculate the profit and that the profit includes the drawings - this is then split 50-50. However, we have drawn different amounts, example:

Partner A has drawn 2k as salary

Partner B has drawn 1k as salary

Profit after expenditure (and minus both Partners drawings) = 2k

We thought this would work as follows:

Partner A tax on 2k salary and 1k profit

Partner B tax on 1k salary and 1k profit

We are being told this is not possible and we are both liable for tax on 2.5k each. Can anyone clarify? We did a lot of research before entering into an LLP and we are struggling to see the advantages if what our accountant is telling us is correct....more help greatly appreciated!

Ta.

Lime 3 LLP
Location :Basingstoke
Joined : 17 April 2008
Posts :7  ( 0)
Reply : 21 Jul 2010
 
In the main your accountant is correct. A partnership is not a separate legal entity unlike a limited company. You can term the amount you draw as salary but from the tax perspective it is drawings. This does mean you cannot deduct your salary (drawings) from your taxable profits.

However, you can split the allocation of your profits from 50:50 to any allocation the partners agree to. So as a result of salary issue misunderstanding you can reallocate your profit share allocation.

In terms of salary (drawings) you have drawn- all this means the amount of profit you are able to take from the partnership falls. For example, profit share 50:50. Profit made £150k. Salary of partner A £2k and partner B £3k.

This means the reamining profits of the partners from the business are :

Partner A £73k and partner B £72k. Since you have already taken £2k and £3k. This is your share if you leave the partnership.

Please note your taxable profits remain at £75k each

I hope this is of some help!

Southside Accountants

Blog on how long you should keep your tax records

Aziz Merchant Mba, Fcca, Bsc (Hons)Aziz Merchant Mba, Fcca, Bsc (Hons) from
Southside Accountants
Location :London
Joined : 31 May 2009
About :Finance and Accounting Expert
Contact :Send Private Message
Posts :312  ( 200)
 
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