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Finance Act 2014

Schedule 36 - Partnerships Part 2

82.This part applies the main sections to partnerships with relevant modifications.

83.Paragraph 5 permits a conduct notice to impose conditions on both current and future members of the partnership.  This paragraph also requires that a conduct notice given to a partnership must state it is a partnership conduct notice; paragraph 6 has the same provision for monitoring notices.

84.Paragraph 7 is the first paragraph dealing with the continuity of conduct notices and monitoring notices when a partner leaves a partnership or a partnership breaks up.  It applies where a partnership breaks up and the business is carried on by an ex-partner as a sole trader. In these circumstances the monitoring notice or conduct notice continue to have effect in relation to the sole trader just as they did for the partnership.

85.Paragraph 8 applies where a controlling member of a partnership that is subject to a conduct notice leaves the partnership.  Subparagraphs (2) and (3) give an authorised officer the power to give P a conduct notice, or if P is a controlling member of a new partnership, give the new partnership a conduct notice.  Subparagraphs (4) and (5) provide for two circumstances where the conduct notice ceases to have effect.  The first is where P leaves the new partnership; the second is if the term of the original conduct notice has expired.

86.Paragraph 9 makes similar provision where the controlling member of a partnership that is subject to a monitoring notice leaves the partnership.

87.Paragraph 10 applies where a partner leaves a partnership that is subject to a conduct notice or monitoring notice (the original notice) and takes part of the partnership business (“the transferred part”) with them when they depart.  Under subparagraphs (3) and (4) an authorised officer may give an equivalent notice (the replacement notice) to the departing partner or to the departing partner’s new partnership if that partnership is carrying on the transferred part of the promotion business. The new conduct notice or monitoring notice ceases to have effect on the new partnership if P leaves the partnership or the original notice ceases to have effect.

88.Paragraph 11 provides the definitions of “original conduct notice”, “original monitoring notice”, “replacement conduct notice” and “replacement monitoring notice”.  It also provides that the replacement conduct notice will have no effect after the termination date of the original conduct notice.  Paragraph 12 provides that a replacement conduct notice cannot survive the termination of the original notice which preceded it.

89.Paragraph 13 provides that a replacement conduct notice or monitoring notice cannot be given to a person if an original notice still has effect in relation to them.

90.Paragraph 14 provides that where a monitored promoter is in partnership the details to be published by HMRC are to relate to the partnership and not the partners.

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