This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Tribunals erred in their approach to the ‘significant influence’ test in the salaried members rules

By Mark McLaughlin, March 2025

The Court of Appeal held that the First-tier Tribunal and Upper Tribunal both erred in law in accepting a wide construction of Condition B of the ‘salaried members’ rules for limited liability partnerships and remitted the case to the FTT to reconsider the evidence in the light of the correct test.  

Summary 

The Court of Appeal held that the First-tier Tribunal (FTT) and Upper Tribunal (UT) erred in law in accepting a wide construction of Condition B of the ‘salaried members’ rules for limited liability partnerships (LLPs) and remitted the case to the FTT to reconsider the evidence in the light of the correct test. 

Background 

The respondent (and cross-respondent) LLP provided investment management services to the group’s funds and back-office services to other group entities. HM Revenue and Customs (HMRC) issued PAYE determinations and a decision

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Company payment to employee benefit trust and subsequent loan did not constitute earnings of director and shareholder
By Mark McLaughlin, February 2025
Appeal struck out due to repeated non-compliance by taxpayer’s accountant
By Mark McLaughlin, June 2024
HMRC application for third-party information notice granted
By Mark McLaughlin, March 2023
Loan by charity to a company was not a qualifying investment
By Mark McLaughlin, December 2020
Intermediaries: services provided through personal service company were within IR35
By Mark McLaughlin, October 2020