PSI3.2.11 - Membership of Schemes: Proprietors, Partners and Other Persons Assessed under Schedule D - Partnership Employers - Salaried Partners


(This archived guidance relates to HMRC discretionary practice before the 6th April 2006. For current guidance on Registered Pension Schemes see the Registered Pension Schemes Manual)

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

A "salaried" partner whose salary is taxed under Schedule E can be a member of an approved scheme if he or she is an employee. There is no legal definition of a "salaried partner" and the distinction between a partner assessable under Schedule D and an employee assessable under Schedule E must depend on the precise relationships between the individual and the firm. Look at a scheme for such partners with particular care. Ask the Inspector whether the partner's income is in fact assessed under Schedule E and, if so, whether the individual was formerly a partner assessed under Schedule D (see PSI3.2.12).