In HMRC v BlueCrest Capital Management (UK) LLP [2023] UKUT 232 (TCC) (18 September 2023) the Upper Tribunal (UT) dismissed both HMRC’s appeal and BlueCrest Capital Management’s (BCM) cross-appeal upholding the First-tier Tribunal’s (FTT) decision. The UT held that the FTT’s findings namely that certain individual LLP members did have significant influence over the affairs of the partnership with the result that the salaried member rules did not apply to all members were findings of fact with the UT confirming no error of law had been made.
HMRC had issued several determinations that BCM a UK registered LLP was liable to pay income tax under the PAYE regime in respect of LLP members who HMRC maintained were caught by the salaried member rules. BCM appealed to the FTT.
In BlueCrest Capital Management (UK) LLP v HMRC [2022] UKFTT 204 (TC) ...
