2 Amendment of Schedule 11 to the Finance Act 2004
Part 2 of Schedule 11 to the Finance Act 2004 (conditions to be satisfied by firms) is amended by—
(a) inserting after paragraph 8(5) (the compliance test)—

“6 This paragraph is subject to paragraph 8A (exception from compliance test: firms).”

, and
(b) inserting after paragraph 8—

“8A Exception from compliance test: firms
1 The conditions in paragraph 8 (the compliance test: firms) do not need to be satisfied by the firm if, at the time of the application—
(a) one or more of the partners is already registered for gross payment as a partner in another firm or otherwise than as a partner in a firm, and
(b) that partner has, or those partners together have, a right to a share of at least half the assets, or at least half the income, of the firm.
2 In sub-paragraph (1)(a) the reference to registration for gross payment does not include registration for gross payment by virtue of this paragraph or paragraph 12A (exception from compliance test: companies).”

.