VAT Liability and Partnership Deeds

 
From 1 May 2007 partnerships have to register for VAT if they exceed or are likely to exceed the VAT registration threshold, which is currently £67,000, in respect of certain classes of services. Recent information from HMCE appears to indicate that where a VAT liability arises in respect of such services, it should be made clear whether the VAT liability falls on either the partnership or the individual partner providing the services. If this is not clarified in the Partnership Deed it appears that HMCE will deem the liability to fall on the partnership. This may result in the practice reaching the level where registration for VAT payments is necessary, which would not otherwise have been the case.
 

It is of course a matter for the practice as a whole as to how liabilities should fall but Ros Parkin – rap@lockharts.co.uk will be happy to advise on changes that may be necessary to practice Parntership Deeds.

Partnership Issues

While it is the wish of every partnership that things run smoothly, there will always be occasions when circumstances pose problems for your business, its partners and its employees.  Whether you are an existing partnership, or contemplating the formation of a new firm, it is essential that you take appropriate advice as these circumstances dictate.

Whether a problem arises out of a dispute over the nature or interpretation of your partnership agreement, your employee's rights and obligations, a matter relating to professional discipline, or a combination of several issues, it is crucial that you deal with it effectively and efficiently. 

Lockharts have considerable experience and expertise in acting for partnerships and are able to offer legal advice in the following key areas.
 
Partnership law
  • Drafting of partnership agreements for partnerships or LLPs,
  • Fixed price partnership agreement assessment,
  • Advising on the meaning and enforceability of clauses in existing Deeds,
  • Developments in the law such as the extension of the applicability of the Age Discrimination legislation to partnerships.
     Partnership Disputes
  • Negotiations and settlements when Partners retire voluntarily or compulsory,
  • Advice on internal partnership disputes, dissolutions and expulsion of partners,
  • Acting on behalf of partnerships and individual partners in ADR, mediation, arbitration and Court proceedings,
  • Advising on the enforceability of restrictive covenants, including acting to obtain injunction applications.
      Employment law
  • Drafting of employment contracts, staff handbooks and employment policies,
  • Advice on unfair dismissal, disciplinary and grievance procedures, redundancy, discrimination and business transfers (TUPE),
  • Advice on dispute resolution and compromise Agreements,
  • Representation and advice on claims before the employment tribunal,
  • More information.
      Disciplinary and Fitness to Practise Issues
  • Legal assistance to practitioners who are being or may be investigated or charged with a disciplinary offence by their professional or regulatory body,
  • Preliminary advice for practitioners who have been contacted by their regulatory body,
  • Representation for practitioners who are being investigated or subject to disciplinary hearings before a panel or Tribunal,
  • Combined experience of working almost exclusively with professional practitioners with expertise in partnership law, regulatory law and litigation,
  • Membership of the Association of Regulatory and Disciplinary Solicitors.
Property law
  • Commercial business sales and acquisitions,
  • Leases and premises development,
  • Re-mortgaging and co-ownership,
  • More information.
Intellectual property
  • Advice on trade marks,
  • Registrations at home and abroad,
  • Passing-off and infringement,
  • Assigning and licensing trademarks,
  • Advice on internet domain names,
  • More information.  
Whether or not your partnership issue appears to come under any of the above, please do contact our Head of Partnership Rosalind Parkin who will be happy to discuss your concerns with you or complete our enquiry form.

Partnership Issues

Partnership Issues

Changes in Capital Gains Tax (CGT)

Chancellor of the Exchequer Alistair Darling announced in the pre-Budget report that the rules on capital gains tax (CGT) will change from 6 April 2008.  The current system of taper relief allows investors to pay just 10% on investments held for two years. In place of the taper relief, Mr Darling is introducing a new flat rate of 18%.  He has intended to raise additional taxation to target private equity investors, who have been described as ‘paying less tax then their cleaners’.  The details of how this is to be done were not precisely spelled out. 
 
The net effect will be to set back the growth of the economy over coming years, by discouraging longer term investment and risk-taking.  This will hit all businesses in the UK and reduce the tendency for entrepreneurs to start new businesses.  The previous arrangements encouraged entrepreneurs to take higher risk and the tax system rewarded them accordingly.  The changes lead to expectations that many business owners will sell up in the period up to 5 April 2008, as people make sales to avoid much larger tax bills. 
 
This compares with the CGT position on disposal of personal assets.  The current effective rate is 24%. With the flat rate of 18%, general investors in shares and those with buy-to-let or second properties will find their position improved.  No holding period will be required to benefit from this new rate. 
 
Despite the new flat rate in CGT, Mr Darling said that the UK would remain “one of the most competitive single rates of any major economy”. 
 

Child Trust Funds

The following article is for information only and contains illustrative examples; no particular investment recommendation should be inferred or implied from the information given.

Child Trust Funds (CTF) have been available since April 2005 when parents of children born on or after 1 September 2002 would have received a £250.00 voucher from HM Revenue & Customs. (The value of the actual voucher was slightly higher for children born between September 2002 and 1 April 2005).

To qualify for a CTF the child must be

  • born after 1 September 2002
  • eligible for child benefit
  • a UK resident.

The CTF investment (whether deposit based or otherwise) is able to generate income within a tax free environment and free of any capital gains tax.

When the child reaches 7 years the government will add a further £250.00. To reinforce the taxation shelter of the product, the 2007 budget permitted the underlying investment funds to be deposited into an ISA without affecting the individual’s existing ISA allowance at the age of 18. No withdrawals can be made before the child reaches 18 years old.

One other significant advantage is that parents, grandparents and other relatives can add £1200 each year into the CTF by way of “top up”. The “year” runs from the child’s birthday to the end of the tax year (5 April).

Types of CTF accounts:
There are three types of CTF accounts

Performance of different types of CTFs

These are set out in the accompanying tables as a comparative guide only, showing how a CTF from each sector has performed since CTFs were introduced. To access the tables, please click here

We would stress that these are illustrative examples only; no particular investment recommendation should be inferred or implied from the information given.

For those readers who may be contemplating investment, within a CTF, expert independent financial advice should always be sought prior to any investment decision being agreed upon.