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Understanding the licence fee in associate agreements

The licence fee is a longstanding feature of the BDA Associate Contract and other model associate agreements, yet it is often misunderstood. Our advice clearly explains what a licence fee is, and how it should be interpreted in associate agreements.

Overview

It is important to understand that, in the vast majority of associate agreements, the licence fee is what the associate pays the practice, not what they receive. An associate dentist is a self‑employed clinician running an independent business from within a practice which is owned by someone else. They are not an employee and do not receive a percentage from the practice owner; instead, they earn their own gross fees for the treatment they provide, and then pay the practice owner a licence fee for the right to deliver that work using the practice’s facilities and staff.

A licence fee is a business expense for self-employed associates. It reflects the cost of accessing the surgery, equipment, consumables, clinical support, administrative services, and the practice’s established patient base. His Majesty’s Revenue and Customs (HMRC) guidance on arrangements for dentists is consistent with this, outlining that under a typical associateship arrangement, the practice owner supplies facilities and services to the associate, and “in return, the associate dentist undertakes to pay… a percentage of his fee income” to the practice owner.

Self‑employed associates are responsible for managing their own business finances. Their actual take‑home income is what remains after paying the licence fee, meeting laboratory costs where applicable, and covering their own tax, National Insurance contributions, professional expenses, indemnity, and CPD requirements. Misunderstandings often arise because associates colloquially describe the split as the proportion they receive, but in practice, the associate receives 100% of their gross fees in principle, and the licence fee is then deducted as a contractual cost of operating inside the practice.

Understanding the true meaning of the licence fee can help to avoid disputes stemming from the assumption that the licence fee represents the associate’s pay rather than the cost to associates of doing business.