Mixed partnership anti-avoidance rules

 

I act for an LLP which has always had only corporate members. In light of the mixed partnership rules is it safe to introduce a new corporate partner into this structure?

 

 

ITTOIA 2005 s 850C deals with mixed partnerships that is any partnership (including an LLP) in which an individual is a member together with a company where it is reasonable to suppose that the individual’s ‘deferred profit’ is included in the company’s profit share or that the individual has ‘power to enjoy’ the income of the company from the partnership and hence has an interest in it thereby giving rise to...