Amendment of Schedule 11 to the Finance Act 20042
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).
b
inserting after paragraph 8—
Exception from compliance test: firms8A
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).