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BIM72035 - Partnerships - general notes: Scottish partnerships

Unlike its English, Welsh or Northern Irish counterpart, a Scottish partnership is a legal person (Section 4(2), Partnership Act 1890). This has very few consequences for tax purposes. Where the differing legal systems would produce different results as between Scotland and the rest of the United Kingdom, specific legislation has been enacted to preserve equality of treatment; for example computation of partnership profits (ICTA88/S111 (1)), capital gains (TCGA92/S59 (a)), composite rate (ICTA88/S481 (4)(b)) and accrued income (ICTA88/S710 (10)). Where the tax legislation itself would produce different results, the Courts have directed that

…it is desirable to adopt a construction of statutory words which avoids differences of interpretation of a technical character such as are calculated to produce inequalities in taxation as between citizens of the two countries (Viscount Simons 24TC244).