If you’re a landlord looking to transfer property to a limited company, there are several pros and cons to consider. With the recent changes in buy-to-let mortgage tax relief, many landlords are looking for new ways to improve the situation. Transferring a buy-to-let property to a limited company is one solution, but it isn’t without tax implications. We’ve put together a guide to answer the most common FAQs about transferring property to a limited company.
My mortgage broker wants me to put buy-to-let properties into a limited company to save on tax, should I do it?
If your mortgage broker is proposing that you put buy-to-let properties into a limited company, this is good advice if you own several properties. If you only rent out one or two properties the money you’ll receive on tax relief probably won’t balance out other taxes and fees involved including, stamp duty, capital gains tax, and corporation tax.
What are the drawbacks of Limited Company Property Investment?
There are a few drawbacks of limited company property investment that you’ll need to consider for making a decision. Commercial mortgages typically have higher rates, so although you’ll be entitled to claim tax relief on rental income, your mortgage payments could increase. Also, if you happen to sell the property in the future, you’ll be required to pay corporation tax on any income, as well as additional taxes.
What are the benefits of Limited Company Property Investment?
Limited company property investment can have benefits in certain situations. You’ll have more options such as using a family investment company instead of a trust if you plan to leave your property to your family. In general, transferring property to a limited company will reduce your tax burden, and you’ll be able to claim tax relief.
How much does it cost to incorporate your buy to let properties into a limited company
In order to incorporate your buy to let properties into a limited company, you’ll need to pay legal and financial fees. These could range from anywhere between £8,000-£25,000, but it completely depends on the services you use. Unfortunately, you won’t be able to avoid paying mortgage arrangement fees, solicitor fees, and taxes.
What are the tax considerations when selling residential property to a limited company?
The main differences between being an individual buy-to-let landlord or trading as a company are related to taxes. There are both advantages and disadvantages of transferring property to a limited company. As a limited company, you pay taxes on a fixed percentage of your earnings whereas for individuals you can enter higher tax brackets according to your income. Although limited companies don’t pay capital gains tax, you’ll instead have to pay corporation tax on any profits made from selling the property and stamp duty.
What are the stamp duty costs when transferring a property to a company?
Stamp duty is now exempt for individuals buying a property up to £500,000, and after that, a percentage is charged, starting at 3%. Stamp duty is charged at 15% on any residential property bought by a company of a higher value than £500,000. There is also a 3% surcharge for companies buying residential properties. There are certain exceptions to these rules, and it depends on the purpose you’re using the property for.
Is it really worth incorporating your buy to let portfolio into a limited company?
If you’re serious about setting a limited company as a property rental business and have at least six properties, it could be worth it financially. It depends on each individual case. It’s recommended to discuss your options with a financial advisor, and they will be able to go through all the details of the transaction and provide you with the best solution.
What are the possible Capital Gains Tax changes in 2021
The capital gains tax on any UK property sold after April 6th, 2020 must be reported and paid within 30 days of selling. Failure to do so could result in a penalty or paying higher interest. This only applies to individual landlords who will need to pay a fixed capital gains tax of 28% of the property itself and 20% on other chargeable assets. This is the same as a higher-rate income taxpayer. For basic rate tax-paying individuals, the amount depends on the size of the income gained by selling the property. Limited companies, on the other hand, don’t pay capital gains tax, only corporation tax on any profits made from selling their assets.
How will Section 24 mortgage interest relief affect me?
The section 24 mortgage interest relief changes affect individual landlords in that there is now a fixed rate you can claim. For higher taxpayers, this not only results in an increase in your tax bill but also the risk of entering higher tax brackets. The rules are different for limited companies, however. Limited companies are still entitled to claim financial costs as a taxable expense. Landlords can, therefore, optimize the commercial benefits of running a property by transferring it to a limited company. This scheme is in place to benefit professional rental property companies. If you’re a landlord looking to incorporate a residential property into a limited company, section 24 mortgage interest relief will affect you differently as a result.
In order to make the decision to incorporate your property into a limited company, you should seek professional advice. Transferring property to a limited company is a complex procedure and there are pros and cons on both sides. If you’re a buy-to-let landlord considering this option, speak to a financial advisor or professional mortgage advisor. They will be about to outline the benefits, along with all tax implications, and find the best solution for your unique requirements.
We can help you incorporate residential properties into a limited company. For more information on how transferring your property to a limited company could benefit you, talk to one of our experts today. You can get in touch via our website to arrange a callback.