How do you calculate the SLP if there is a fixed share partner?

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    James S
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    A partnership has 2 equal partners, husband and wife. In addition, the husband’s brother has a fixed share of profits (say ?10k per annum).

    When doing the Sch 15 SLP calculation, how do I calculate each partner’s share? Can I just ignore the brother and allocate the full partners 50:50?

    Thanks

    #670 Reply
    Patrick
    Guest

    Para 34(2) doesn’t help much and simply refers to the partner’s share of the income profits “at that time” but this will not normally be capable of an accurate calculation until after the end of the accounting period. In practice a reasoned estimate can be used but I would try and incorporate the fixed share although given that the parties are connected and associates it may not affect the SLP calculation.

    #671 Reply
    James S
    Guest

    Unfortunately in this case, the father isnt acquiring any shares on incorporation. As such, I cant see that the company is connected to him after the incorporfation. I think the position would be different if he acquired a single share as the father, together with the son, would togeher control the company.

    A further complication is that the partnership has made a loss for the last 2 years. Therefore looking at it in actual mony terms, he has a 100% income share – although t

    #672 Reply
    Patrick
    Guest

    Strictly speaking then father has 100% but he could be connected to the company as an associate of his child – see ss 448 to 451 CTA 2010 so the SLP could still be 100

    #673 Reply
    James S
    Guest

    Thank you

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