Sole Trader UK: Setup, Tax, NI and Day-to-Day Essentials

Partnership Tax and Structure Guide UK — How Partnerships Are Taxed

How UK business partnerships are taxed, the different partnership types, profit sharing, tax returns, and National Insurance for partners.

Self-employment tax and business information is based on current HMRC rules. This is not tax or accounting advice. Consider consulting a qualified accountant for your specific circumstances.

If you’re going into business with someone else, the legal structure you choose affects your tax bill, liability, and admin. This guide explains how partnerships work and compares them to alternatives.

Types of Partnership

TypeLegal liabilityTax treatmentFormal registration
Ordinary partnershipUnlimited — each partner is personally liable for all debtsTax transparent — partners taxed individuallyRegister with HMRC, but not Companies House
Limited partnership (LP)At least one general partner has unlimited liability; limited partners have limited liabilityTax transparentRegister with Companies House
Limited Liability Partnership (LLP)Limited liability for all membersTax transparent (mostly)Register with Companies House

How Partnership Tax Works

StepWhat happens
1Partnership earns income and incurs expenses
2Partnership calculates total taxable profit
3Profit is allocated to each partner per the partnership agreement
4Partnership submits SA800 tax return to HMRC
5Each partner includes their share on their own SA100 Self Assessment return
6Each partner pays income tax and NI on their share

The partnership itself pays no tax — it’s “tax transparent”.

Profit Sharing

ArrangementHow it works
Equal sharesProfits split equally (default if no agreement)
Fixed percentagesE.g. 60/40, 70/30
Salary + profit sharePartners receive a “salary” (priority profit share) first, then split remainder
Performance-basedShares vary based on individual performance
Seniority-basedSenior partners receive a larger share

Important: A partner’s “salary” from a partnership is NOT wages — it’s a way of allocating profit. There’s no PAYE.

Tax on Partnership Profits

Income Tax

Tax band (2025/26)RateOn profits of
Personal allowance0%Up to £12,570
Basic rate20%£12,571 – £50,270
Higher rate40%£50,271 – £125,140
Additional rate45%Over £125,140

National Insurance

ClassRateOn profits of
Class 2£3.45/weekIf profits above £12,570
Class 46%£12,570 – £50,270
Class 4 (upper)2%Above £50,270

Example: Equal Partnership, £100,000 Total Profit

DetailPartner A (50%)Partner B (50%)
Profit share£50,000£50,000
Personal allowance-£12,570-£12,570
Basic rate tax (£37,430 @ 20%)£7,486£7,486
Class 2 NI (52 weeks)£179£179
Class 4 NI (£37,700 @ 6%)£2,262£2,262
Total tax + NI£9,927£9,927
Take home£40,073£40,073

Partnership vs LLP vs Limited Company

FeaturePartnershipLLPLimited company
LiabilityUnlimitedLimitedLimited
Tax on profitsIncome tax + NI (each partner)Income tax + NI (each member)Corporation Tax (25%)
Extracting moneyProfit share (automatic)Profit shareSalary + dividends
Admin burdenLowMediumHigher (accounts, CT return, Companies House)
PrivacyHigher (no public accounts)Accounts filed publiclyAccounts filed publicly
Cost to set upLow (just partnership agreement + HMRC registration)£40 Companies House + agreement£12 Companies House + articles
National InsuranceClass 2 + 4Class 2 + 4 (usually)Class 1 on salary only
Tax efficiency at £50k+ profitLowerLowerOften higher
Pension contributionsSelf-employed optionsSelf-employed optionsEmployer contributions (tax deductible)

When Is a Limited Company More Tax-Efficient?

At roughly £50,000–£60,000+ profit, a limited company can save tax because:

FactorPartnershipCompany
Tax on first £50,270 profit20% income tax + 6% NI = 26%25% Corporation Tax
Tax on profit above £50,27040% income tax + 2% NI = 42%25% Corporation Tax + dividend tax on extraction
NI on profit extraction6%–9% at all levelsOnly on salary (can be minimised)

In a company, you can pay yourself a small salary (£12,570) and take the rest as dividends — which have lower NI costs.

Partnership Tax Returns

What the Partnership Submits

FormWhat it covers
SA800Partnership tax return — total income, expenses, profit allocation
Deadline (paper)31 October following the tax year end
Deadline (online)31 January following the tax year end
Penalty for late filing£100 per partner

What Each Partner Submits

FormWhat it covers
SA100Personal Self Assessment — includes partnership income
SA104Partnership supplementary pages
Deadline31 January (online)
Payment on accountTwo payments on account (31 January + 31 July)

Partnership Agreements

A written partnership agreement should cover:

TopicWhy it matters
Profit sharing ratiosHow profits and losses are split
Capital contributionsHow much each partner invests
Decision makingHow decisions are made (majority, unanimous, etc.)
New partnersHow to admit new partners
Leaving/retirementHow a partner exits and what they receive
Dispute resolutionMediation, arbitration, or legal action
Death of a partnerInsurance, succession, buy-out
Non-compete clausesRestrictions after leaving
Accounting year endWhen the partnership’s tax year ends

Without a written agreement, the Partnership Act 1890 defaults apply — including equal profit sharing regardless of work contributed.

Expenses You Can Claim

ExpenseDeductible?
Office/premises costsYes
Employee wagesYes
Business travelYes
Professional indemnity insuranceYes
Accountancy feesYes
Marketing and advertisingYes
Equipment and toolsYes (capital allowances)
Working from homeYes (simplified or actual costs)
Partners’ own NI or income taxNo
Partners’ personal drawingsNo — drawings are profit extraction, not an expense

Summary

FeatureDetail
How taxedEach partner pays income tax + NI on their profit share
Partnership pays taxNo — tax transparent
Partnership tax returnSA800 submitted to HMRC
Each partner’s returnSA100 + SA104
LiabilityUnlimited (ordinary), limited (LLP/LP)
More tax-efficient optionLimited company at higher profits (£50k+)
Essential documentWritten partnership agreement
Key deadline31 January for tax return and payment

You Might Also Find Useful

Sources

  1. GOV.UK — Working for yourself
  2. HMRC — Self-employed tax