Salaried Member LLP Tax Calculator

Check if an LLP member is a 'salaried member' under HMRC's disguised employment rules. Calculates whether income is taxed as employment income (PAYE/NIC) or as self-employment.

Frequently Asked Questions

What is a salaried member of an LLP?

An LLP member is treated as a 'salaried member' (i.e., an employee for tax purposes) if they meet all three conditions in ITTOIA 2005 s863A-G: (A) >80% of remuneration is fixed/disguised salary, (B) no significant influence over LLP affairs, and (C) capital contribution is less than 25% of the disguised salary.

What happens if all three conditions are met?

If all three conditions are met, the member is treated as an employee for income tax and NIC purposes. The LLP becomes the employer and must deduct PAYE and pay employer's NIC (13.8%).

What is 'disguised salary'?

Disguised salary is any remuneration that is fixed (not variable with LLP profits). This includes fixed monthly drawings, minimum profit shares, guaranteed bonuses, and benefits with a fixed value.

How does the capital test work?

The member must have contributed at least 25% of their 'disguised salary' as capital to the LLP. This capital must be at genuine risk of loss. Loans from the LLP used to fund the capital don't count.

Can a member avoid salaried member status?

Yes — by failing at least one condition. For example, increasing variable profit-sharing to below 80% fixed, contributing sufficient capital, or demonstrating significant influence (e.g., seat on management committee with genuine decision-making power).

When did these rules come into effect?

The salaried member rules took effect from 6 April 2014. They targeted law firms, accountancy practices, and financial services firms that used LLP membership to avoid employment taxes.

Does this affect professional service firm partners?

Yes — many traditional law and accountancy partners were reclassified as salaried members in 2014, significantly increasing their tax costs. Firms had to restructure profit allocation to maintain self-employment status.

Are there NIC implications beyond income tax?

Yes — as a salaried member, both employee Class 1 NIC (8% / 2%) and employer Class 1 NIC (13.8%) apply. As a genuine self-employed partner, only Class 4 NIC (6% / 2%) applies — a significant difference.