Friday, July 22, 2011

Limited companies & IR35?

Scenario: Limited company in place, accounts sent to accountant, who has completed, but he is now saying that he can't proceed as a partnership needs to be in place so as not to fall foul of IR35. Ltd company is owned by one person, who in the past has completed a sole trader return as well. What, if any, are the implications of not having a partnership. Is this accountant talking poop, or is he worth the time and money? If a partnership does need to be formed, won't there be a liability for the 'silent' partner to pay national insurance contributions, and won't there be a penalty for not informing IR that the partnership is in place?

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