ESM3203 - How to work out the profits of the intermediary: partnership example – accounts made up to 5 April


This illustrates the case where a partnership’s accounts are made up to 5 April and all income is derived from relevant engagements.

Mr and Mrs I carry on business in partnership and make up their accounts to 5 April 2001. All the partnership’s income is derived from “relevant engagements”. Profits are split equally but Mrs I performs the services. Of the partnership’s expenses, only £2,000 of the £5,000 would be allowable under Employment Income rules.

Partnership Accounts year ended 5 April 2001


Income25,000
Expenses5,000
Profit20,000

Allocated Mrs I 10,000 and Mr I 10,000

Calculation of deemed payment on 5 April 2001


Step OneIncome from relevant engagements 25,000

Deduct  
Step One5% flat rate allowance1,250 
Step ThreeEmployment Income expenses2,000 
 Total Deductions3,2503,250
 Net 21,750
Step EightSecondary Class 1 NICs on deemed payment 1,888
Step NineDeemed payment 19,862

Recalculation of partnership’s taxable profit

Partnership profit20,000
Add Disallowed expenses*1,750
Total21,750
Deduct Secondary Class 1 NICs on deemed payment1,888
Deemed payment19,862
Taxable Trading Income profit0

*The disallowed expenses are based on the excess of the Trading income expenses over the sum of the Employment Income expenses and 5% allowance (5,000 - (2,000+1,250)).

Overall position for 2000/01

Mrs I’s 2000/01 deemed payment is £19,862. She will pay tax chargeable on Employment Income and primary Class 1 NICs based on this amount.

For the purposes of the deemed payment Mrs I is treated as employed by the partnership. For NICs purposes, the partnership is treated as the secondary contributor and liable to pay secondary Class 1 NICs on the amount of the deemed payment.

There is no taxable Trading Income profit.