Section 1273 Limited liability partnershipsC1
United Kingdom
For corporation tax purposes, if a limited liability partnership carries on a trade or business with a view to profit—
all the activities of the limited liability partnership are treated as carried on in partnership by its members (and not by the limited liability partnership as such),
anything done by, to or in relation to the limited liability partnership for the purposes of, or in connection with, any of its activities is treated as done by, to or in relation to the members as partners, and
the property of the limited liability partnership is treated as held by the members as partnership property.
References in this subsection to the activities of the limited liability partnership are to anything that it does, whether or not in the course of carrying on a trade or business with a view to profit.
For all purposes, except as otherwise provided, in the Corporation Tax Acts—
references to a firm include a limited liability partnership in relation to which subsection (1) applies,
references to members of a firm include members of such a limited liability partnership,
references to a company do not include such a limited liability partnership, and
references to members of a company do not include members of such a limited liability partnership.
Subsection (1) continues to apply in relation to a limited liability partnership which no longer carries on any trade or business with a view to profit—
if the cessation is only temporary, or
during a period of winding up following a permanent cessation, provided that—
the winding up is not for reasons connected in whole or in part with the avoidance of tax, and
the period of winding up is not unreasonably prolonged.
This is subject to subsection (4).
Subsection (1) ceases to apply in relation to a limited liability partnership—
on the appointment of a liquidator or (if earlier) the making of a winding up order by the court, or
on the occurrence of any event under the law of a territory outside the United Kingdom corresponding to an event specified in paragraph (a).
Annotations
Modifications
- C1
S. 1273 excluded by 2010 c. 8, s. 259GE(8) (as inserted (with effect in accordance with Sch. 10 paras. 18-21 of the amending Act) by Finance Act 2016 (c. 24), Sch. 10 para. 1)
Notes on Part 17
Modifications
- C1
Pt. 17 applied (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 291