Background:
John owns a buy-to-let property in London that he purchased for £200,000 ten years ago. The property is now worth £350,000. John wants to transfer this property to a newly formed limited company, "John’s Property Investments Ltd."
1. Valuation:- Current property value: £350,000
2. Capital Gains Tax Calculation:- Purchase Price: £200,000
- Current Market Value: £350,000
- Gain: £150,000
- Assuming John’s CGT allowance for the year is £12,300 (2023/24 rate), and he is a higher-rate taxpayer (28% CGT on residential property):
- Taxable Gain: £150,000 - £12,300 = £137,700
- CGT Due: £137,700 × 28% = £38,556
3. Stamp Duty Land Tax:- SDLT for the company: Based on the £350,000 value. If it’s a second property, the company pays SDLT at higher rates.
- Standard SDLT: £7,500 (on the first £250,000 at 5%)
- Additional SDLT: £5,000 (on the remaining £100,000 at 5%)
- Total SDLT: £12,500 + 3% surcharge (£10,500) = £23,000
4. Mortgage:- John has an outstanding mortgage of £150,000. He will need to get lender consent and may need to re-mortgage under the company’s name, possibly at higher rates.
5. Company Incorporation:- John registers "John’s Property Investments Ltd" with Companies House.
6. Transfer and Registration:- Property is transferred to the company, SDLT is paid, and the transfer is registered with the Land Registry.
7. Ongoing Taxation:- Rental income from the property is now subject to corporation tax at 19%, potentially reducing John’s overall tax burden compared to paying income tax at the higher rate.
Key Considerations:- Tax Efficiency: For high-income individuals, transferring properties to a company may reduce overall tax liability, as corporation tax is often lower than higher-rate income tax.
- Cost of Transfer: SDLT, CGT, legal fees, and potential mortgage costs must be considered.
- Long-term Benefits: Incorporation can make estate planning easier and provide better asset protection.
Given the complexity and potential costs, it’s crucial to weigh the benefits against the immediate financial implications.This is for your information only – you shouldn't view this as legal advice, tax advice, investment advice, or any advice at all. While we've tried to make sure this information is accurate and up to date, things can change, so it shouldn't be viewed as totally comprehensive or relied upon. Before making any investment decision make sure you understand the nature of the decision and the extent of your exposure to risk. HomeRelease always recommends you seek out independent advice if needed.