Doctors, lawyers and other high earning professionals are often members of “limited liability partnerships”. They’re not employees – and so there’s no 15% employer national insurance. This creates a big tax saving. The Times is reporting that Rachel Reeves is considering changing this – and that it could raise £2bn.
Taxing people differently just because of their choice of legal vehicle is irrational – and there’s certainly a principled justification for equalising the position. It also achieves the political aim of mostly affecting only high earners – around 0.1 % of taxpayers receive 46% of all LLP income.
But it’s not without political cost – more reasonably paid professionals (like GPs) would also be affected: the average GP who’s a member of an LLP earns £118k, and would see their take-home pay fall by about £7k (although some of the tax revenues raised by the new measure could be used to fund an increase in GP pay).
The response of those affected, and the impact on tax revenues and the wider economy, is hard to predict. There are also practical problems, and fairness issues around where precisely the line would be drawn.
This is certainly something any Chancellor should consider – and there may be ways of squaring the circle, and raising revenue without hitting GPs or creating a series of unfair new anomalies.
The think tank/academic group CenTax published a detailed report in September analysing HMRC data around LLP/partnership taxation. The £2bn figure comes from their report – which I highly recommend. Note that their data is from 2020 – so realistically all the figures should be uprated by around 15-20% for inflation/wage growth.
I’ve tried to put together some illustrative data on the impact of the change for individual taxpayers – it’s all in this spreadsheet. Please don’t take this as definitive – it was thrown together quite quickly.
The current situation – the doctors
When someone is employed, their employer applies employer national insurance to their pay packet. So, for example, if a hospital has £118k to pay its doctors.1 About £18k comes out immediately as employer national insurance. The doctor only ever sees the remaining £100k – and of course pays income tax and employee national insurance on it. He takes home about £69,000.
The doctor never sees that missing £18k, and might be completely unaware of it – but in the long term, evidence shows that he’s paying it (because it reduces his wage).
Now imagine a doctor who’s a “locum”. They’re often (but not always) taxed as self-employed. There’s no employer’s national insurance. So the doctor is paid the whole £118k. She’s paying more income tax and national insurance (because of the higher gross pay), but ends up taking home around £76k. Our locum is £7k better off than an employed doctor.2
Let’s take a third category – a GP. The £118k figure I’ve been using comes from the CenTax report – they estimate it’s the average earnings of a GP who’s a member of an LLP.
Most GP practices are set up as partnerships. A traditional partnership is just people working together in business, but many GPs use a more modern entity, a “limited liability partnership” which behaves like a company in most respects but is taxed like a partnership.
A member of a partnership isn’t an employee and (usually) is taxed in the same way as someone who’s self employed. So a GP will be taxed in the same way as the locum. No employer, and overall she’s £7k better off than an employed doctor.
This is a very irrational result.
It looks more irrational when we get to very highly paid professionals.
Highly paid partners
Most of the £2bn revenue comes from people earning far higher amounts than the £118k received by the average GP. Around 0.1 % of taxpayers receive 46% of all LLP income.
This is from the CenTax report:
Not shown on this table are much less profitable partnerships such as farm partnerships. CenTax proposes an allowance or exemption that prevents them being affected.
The greatest number (but not the highest earners) are solicitors. CenTax reckons the average income of solicitors who are partners/members of LLPs is £316,000.3
A solicitor whose gross income is £316k currently takes home about £180k. If his income was subject to employer national insurance, he’d take home £155k.
This is a very big difference. His effective tax rate (i.e. overall tax divided by overall income) has gone up from 43% to 51%. His marginal tax (i.e. the % tax they pay on the next pound he earns) has gone up from 47% to 55%.
We see more dramatic effects if we go to the largest law firms, where many partners earning well into seven figures.
A partner earning £2m currently takes home £1,072k. If employer NICs applied, she’d take home £914k – meaning £159k more tax. Her effective tax rate has gone up from 46% to 54% and her marginal tax rate is now also 55%.4
This puts our £2m partner in the same position as (say) a trader at a bank where their salary and bonus pot are together £2m. Previously she paid less tax; now she pays the same.
An important point: the reason law firms are usually structured as partnerships is history rather than tax. Until relatively recently, solicitors were required to practice as partners or sole practitioners. Firms weren’t able to become companies until 1985. Even today, most of the big firms aren’t in practice able to incorporate because, whilst it would be permissible for their English lawyers, it’s not permitted for many of the foreign lawyers they practice with.
Similarly, auditors (and thus many accountants) historically had to structure as partnerships, and still do in some countries.
However many professionals absolutely do structure as partnerships for tax purposes. Most fund management businesses – private equity and hedge funds – are structured as LLPs rather than companies. The main, and perhaps only, reason for this is tax.
According to CenTax, the average member of a financial services LLP earns £675,000. There will be some earning ten or twenty times this figure.
The arguments for and against
There are two obvious arguments in favour:
- If the Chancellor is to stick to her fiscal rules then, absent very large spending cuts, she needs to find additional tax revenue. This is a relatively easy way of taxing high earners.
- It’s in principle correct that everyone who makes their living from work should be taxed the same way.
CenTax estimated that imposing employer national insurance on LLP members’ pay would raise around £2bn. Their analysis seems sensible to me – although it’s based on 2020 numbers so the figure today would be around 15-20% higher.
There are, inevitably, several arguments against.
Consistency
If the Government only taxed LLPs, and not traditional partnerships, then some GP practices would pay more tax and others would not. That seems hard to justify.
The issue is even more stark when it comes to law firms. One of the most profitable law firms in the country is structured as a traditional partnership, not an LLP. Can it be right they pay less tax because of this historical accident?
And some lawyers practice as individuals. They wouldn’t pay employer NICs. That seems odd. (And presumably we’d see more like that.)
What about barristers? Junior barristers at leading commercial barristers’ chambers can earn up to £360,000 in their first year. Some senior KCs earn ten times that. Barristers aren’t (usually) members of partnerships; but it’s hard to see why a barrister who earns £2m should pay less tax than a solicitor who earns the same.
This becomes quite hard to fix unless employer national insurance (or something equivalent) is applied to all the self-employed (and see further below).
Behavioural response
It’s easy to calculate the “static” revenue from a tax change – it’s just multiplying numbers together.
Estimating the actual revenue is much more difficult, because you have to take into account the “behavioural response”.
Here there will be several:
- Some people will move from LLPs to become self-employed consultants (and escape the new tax).
- Large law firms practice all over the world. In many cases it’s possible to do much the way work in Dubai as in London. So (at the margins) we will see some members of these firms move from London to Dubai to escape the tax. And not just Dubai – for various reasons, lawyers in many European countries pay lower tax than lawyers in the UK.
- Some people will work less, because they are less motivated. Conversely, others will work more, because they need to work more hours/years to earn the same amount.
- Some firms will restructure into companies. The LLP partners/members will become shareholders. On the fact of it this saves just a small amount of tax – my calculations suggest an average GP could save £3k, and even a £2m law firm partner would save only £13k. However in practice it may save more than this, as the companies could retain and reinvest profit. That may even have business and economic advantages.5
CenTax used historical “elasticity” data to estimate that imposing NICs on LLPs would cause a loss of tax revenue equal to about 20% of the “static” estimate. That feels in the right range.
The question is whether there would be a wider impact on UK law firms, fund managers etc, beyond just the loss of tax revenue, and perhaps a wider impact on the City and the economy as a whole. I don’t know the answer to that.
The doctors
I am not very good at politics, and try not to make political predictions.
That said: it seems to me there are likely to be few people opposed to the idea of increasing the tax of millionaire lawyers. There may be rather more people opposed to the idea of increasing the tax on GPs. A cut in take-home-pay is likely to go down badly with GPs, particularly when compared with increase of £7k idea of taxing millionaire lawyers the (net) £2,000 increase they received from the most recent pay deal.
That raises obvious political questions: but exempting doctors from any new rule would be unprincipled.
One answer, suggested by CenTax, is for central Government to increase GP pay, funded by the new tax measure.
A slightly less unprincipled approach would be to create a per-partner/member exempt amount, set at a level so doctors pay little or no additional tax.
If the exempt amount were set at the average GP partner pay of £118,000, I estimate this would reduce the yield from about £2bn to about £1bn (calculation on the second tab of the spreadsheet).
But this unprincipled compromise could actually prepare the way for the most principled change of all: applying employer national insurance to all forms of work, employed and self employed. That’s clearly out of the question if we’re talking about the moderately paid self-employed (e.g. tradespeople). But if it’s done with an exempt amount, then suddenly it seems more realistic.
And that has the laudable side-effect of dealing with the consistency problems identified above.
Obvious disclosure: I was a partner in a large law firm. I have no economic interest in any law firms today, but it goes without saying I am going to be influenced by my background.
Footnotes
Of course I’m simplifying; there are many other costs of employing people, not least pensions – but the conclusions are the same even if we cater for all the real-world complexity.
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It’s a surprisingly small difference, given that before tax she was £18k better off. The reason is the high 62% marginal rate on earnings between £100k and £125k.
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Obvious point: this is not the average earnings of solicitors – most solicitors aren’t partners. And it’s not the average earnings of partners either, as smaller firms often aren’t LLPs.
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The real rates may be higher than this – law firms often have significant non-deductible expenses, which tend to increase the effective and marginal rates beyond what one would expect.
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As partnerships/LLPs can’t reinvest profit without creating “dry” tax hit for partners.
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