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Home / Simons-Taxes /Personal and employment tax /Part E4 Employment income /Division E4.2 Office or employment /Status of particular occupations based on case law or HMRC practice / E4.230 Status of professional office holders including solicitors and accountants
Commentary

E4.230 Status of professional office holders including solicitors and accountants

Personal and employment tax

Professional persons are chargeable on the profits made by them in private practice as trading income1, but if they hold an office (see E4.201) the receipts therefrom are chargeable under the employment income provisions of ITEPA 20032.

Where an accountant was an auditor of a limited company, appointed under the Companies Act, they held an office for the purposes of the Companies Act3. Likewise a solicitor who acts as clerk to magistrates or as registrar of a company4, holds an office. It is made quite clear by Mitchell and Edon v Ross5 that fees received in respect

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