Archive: 5th February 2026

Business

What is a salaried member of an LLP

Feb 5, 2026 by Terry Harris 0 Comments

The salaried member legislation applies to certain members of a Limited Liability Partnership (LLP) whose terms of membership are more like an employee than a partner. To be a salaried member, the individual must perform services for the LLP in their capacity as a member.

The legislation uses a three-part test. If all three conditions apply, the member is classified as a salaried member for tax purposes:

  • Condition A – Disguised salary: At least 80% of the member’s pay is fixed, or any variable amounts do not vary in line with the LLP’s overall profits or losses.
  • Condition B – Lack of influence: The member has no significant influence over the LLP’s affairs.
  • Condition C – Insufficient capital stake: The member’s capital contribution is less than 25% of their expected reward package.

If a member can show that at least one condition does not apply, they continue to be treated as a partner.

The rules do not apply to:

  • Companies
  • Individuals who do no more than invest money
  • Individuals who no longer provide services for the LLP but continue to receive a profit share

HMRC examples illustrate that remuneration linked to overall firm profits, rather than individual performance, does not create a salaried member situation. Professional qualifications or experience are also irrelevant, what counts is the member’s role and risk exposure in the LLP.

Source:HM Revenue & Customs | 02-02-2026
Business

What is a UK property business

Feb 5, 2026 by Terry Harris 0 Comments

The income generated from land or property in the UK is treated as arising from a UK property business. The underlying legislation defines this broadly to include all activities that produce rental income or similar receipts from UK land, whether the taxpayer is subject to Income Tax or Corporation Tax.

Although property income is treated as coming from a business, landlords are not generally regarded as trading unless they meet the normal trading tests. As a result, most trading-related tax reliefs, such as certain Capital Gains Tax reliefs, do not usually apply. Property business profits are instead calculated using principles similar to those for trading profits.

Since the 2017–18 tax year, the cash basis is the default method for calculating profits and losses for most individual landlords. However, companies and some other landlords must still use Generally Accepted Accounting Practice (GAAP).

A wide range of persons can carry on a UK property business, including individuals, partnerships, trustees, companies and non-residents with UK property income. Using an agent does not change who is treated as carrying on the business.

In most cases, all UK property income is treated as part of one single property business, allowing income and expenses across different properties to be combined. UK and overseas property, however, are treated as separate businesses. Activities carried out in different legal capacities, such as personally, as a partner or as a trustee, are also treated as separate property businesses for tax purposes.

Source:HM Revenue & Customs | 02-02-2026
Employment Law

Payments made into employee benefit trusts constitute taxable income

Feb 4, 2026 by Terry Harris 0 Comments

A Tribunal recently ruled that payments made for work into a third-party trust constitute immediate employment earnings. This decision effectively precludes employers from using loan-based structures to obfuscate remuneration.

Mr. Jack was employed by an offshore company based in the Isle of Man while living and working in the UK. Under this arrangement, the fees paid for Mr. Jack’s services were split into a modest basic salary and an employee benefit trust (EBT), which would then advance these funds to Mr. Jack in the form of interest-free loans. Because these payments were categorised as loans rather than salary, they were not initially reported as taxable employment income.

Following an enquiry into Mr. Jack’s self-assessment return, HMRC issued a closure notice concluding that the £48,034 transferred to the EBT actually constituted “redirected earnings” and was, therefore, taxable as employment income under Section 62 of the Income Tax (Earnings and Pensions) Act (ITEPA) 2003. Mr. Jack appealed, arguing that a significant portion of the funds should be exempt from tax since he had repaid approximately £23,479 of those loans in April 2011.

The Tribunal upheld HMRC’s closure notice and applied the Supreme Court’s decision in RFC 2012 plc. The Judge held that, when money was paid into the EBT for work done by Mr. Jack, it effectively became taxable employment income at that exact juncture as “redirected” earnings. Mr. Jack’s argument that he had “fixed” the tax issue by repaying the loans was also rejected, as the tax charge arose on the transfer to the EBT, and anything that happened to the money afterwards did not affect the tax already owed for the 2010/11 tax year.

This ruling confirms that the legal characterisation of a relationship or a payment in a contract is secondary to the reality of the work performed. Care must be taken when creating structures to minimise tax burden and maximise profits, as the full amount transferred to a trust could be seen as ‘earnings’. Based on the Rangers case, if money is paid in return for services, it constitutes remuneration. On the other side of the coin, if a court views a loan as salary, it may also come to view the recipient as a worker who is entitled to full statutory rights.

Source:Tribunal | 03-02-2026
Business Support

Turning waste disposal into an income stream

Feb 2, 2026 by Terry Harris 0 Comments

For many businesses, waste disposal is seen purely as a cost, an unavoidable expense required to stay compliant and keep operations running smoothly. However, there is growing interest in the idea that waste, when managed differently, can become a modest but meaningful source of income rather than a drain on resources.

The starting point is recognising that much commercial waste still has value. Materials such as metals, cardboard, plastics, glass, and certain by-products can often be separated and sold for recycling. While individual returns may appear small, the cumulative effect over a year can offset disposal costs and, in some cases, generate a surplus. This is particularly relevant for manufacturing, construction, hospitality, and retail businesses where waste volumes are high.

Technology and data are also playing a role. Improved tracking of waste streams allows businesses to understand what they are throwing away, how often, and at what cost. With this information, processes can be redesigned to reduce waste at source or to segregate materials more effectively. Cleaner, well-sorted waste commands higher prices and attracts a wider range of recycling partners.

Energy recovery offers another potential income stream. Organic waste can be converted into biogas through anaerobic digestion, while some non-recyclable materials can be used in waste-to-energy facilities. Although these solutions often require collaboration with specialist providers, they can reduce landfill charges and create long-term savings or revenue-sharing opportunities.

There is also a reputational benefit. Customers, investors, and supply chain partners are increasingly focused on sustainability. Businesses that can demonstrate circular practices may find it easier to win contracts, attract investment, or justify premium pricing.

Turning waste into income is unlikely to replace core trading profits. However, with careful planning and realistic expectations, it can reduce costs, support environmental goals, and create incremental value. In a tighter economic climate, even small efficiency gains can make a noticeable difference to overall business performance.

Source:Other | 01-02-2026
General

The rise of the silver economy

Feb 2, 2026 by Terry Harris 0 Comments

The term “silver economy” is used to describe the growing economic activity linked to an ageing population. In the UK and across much of the developed world, people are living longer, healthier lives. This demographic shift is reshaping consumer demand, labour markets, and public policy, and it is creating both challenges and opportunities for businesses.

By 2040, nearly one in four people in the UK is expected to be aged 65 or over. Unlike previous generations, many older adults have higher levels of wealth, remain active for longer, and expect products and services that support independence, wellbeing, and quality of life. This has driven growth in sectors such as healthcare, home adaptations, financial planning, leisure, and technology designed for ease of use rather than novelty.

Financial services are also evolving. As people spend more years in retirement, there is greater focus on retirement planning, later-life lending, equity release, and inheritance planning. Businesses that can offer clear, trusted advice in these areas are well placed to benefit.

Importantly, the silver economy is not just about consumption. Many older individuals continue to work, volunteer, or run businesses well beyond traditional retirement age. Flexible working, part-time roles, and consultancy work allow experience and skills to remain within the economy for longer.

For policymakers and businesses alike, the key challenge is to adapt. Those who recognise the diversity, spending power, and contribution of older generations will find that the silver economy is not a burden, but a significant and growing source of economic value.

Source:Other | 01-02-2026