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Tyrwhitt: when employees become partners

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In Charles Tyrwhitt LLP v HMRC, the FTT ruled that bonuses paid to members of Charles Tyrwhitt LLP, under a plan to which they enrolled as employees, should be taxed as earnings from employment. In the absence of a statutory basis for disregarding the temporal aspect of the source of the income, the judge nevertheless found that case law supported this approach and that the payments were earnings ‘from’ employment. The potential overlap between employment and LLP membership status remains an open question.

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