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Finance Act 2016

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This is the original version (as it was originally enacted).

“UK partnership”, “qualifying partnership” and “representative partner”

12(1)“UK partnership” means a body of any of the following descriptions which is carrying on a trade, business or profession with a view to profit—

(a)a partnership within the meaning of the Partnership Act 1890,

(b)a limited partnership registered under the Limited Partnerships Act 1907, or

(c)a limited liability partnership incorporated in the United Kingdom.

(2)A UK partnership is a “qualifying partnership” in a financial year, if it satisfied the qualification test for a UK partnership at the end of the previous financial year (subject to any regulations under sub-paragraph (4)).

(3)The qualification test for a UK partnership is that the partnership satisfied either or both of the following conditions (by reference to the previous financial year)—

1. The partnership’s turnoverMore than £200 million
2. The partnership’s balance sheet totalMore than £2 billion.

(4)The Treasury may by regulations provide that a UK partnership of a description specified in the regulations is not a qualifying partnership for the purposes of this Schedule (or any such purpose specified in the regulations).

(5)“Representative partner”, in relation to a UK partnership, means the partner who is required by a notice served under or by virtue of section 12AA(2) or (3) of TMA 1970 to make and deliver returns to an officer of HMRC.

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