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Class 2 NIC and LLPs

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The Social Security Contributions (Limited Liability Partnership) (Amendment) Regulations, SI 2015/607, clarify that the class 2 NIC treatment of inactive members of LLPs is the same as that of sleeping partners and inactive limited partners with effect from 6 April 2015. HMRC has treated sleeping and inactive limited partners as self-employed earners liable to class 2 and class 4 NIC since April 2013. The regulations modify the definition of ‘employment’ for NICs purposes to include membership of a limited liability partnership carrying on a trade. Members of a limited liability partnership are to be treated as self-employed earners for NIC purposes unless they fall within the salaried member rules.

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