The Ultimate Resource for the UK's Private Rented Sector

Tax and Accountancy

FAQ’s – Beneficial Interest Company Trusts

FAQ’s – Beneficial Interest Company Trusts

20/01/2016

Beneficial Interest Company Trusts enable landlords to incorporate their rental property businesses without the need to transfer legal ownership to the company, hence there is no requirement to disturb existing mortgage and financing facilities.  What is the purpose of this strategy? To optimise the tax position of your rental property business in respect of retained… Read more

SDLT on Rental Property Business Incorporation

SDLT on Rental Property Business Incorporation

It is our view that SDLT will be payable on transfer on the full value of property even if only the beneficial interest is transferred to the limited company, exactly the same as would be the case if the legal title was transferred.  Our understanding is that prior to 6th April 2016 the rate of… Read more

Landlord Incorporation – The Race Is On

Landlord Incorporation – The Race Is On

19/01/2016

Ahead of the Spring 2016 budget, Cotswold Barristers have reported a huge increase in the number of enquiries regarding the use of Beneficial Interest Company Trusts to avoid the need to rearrange mortgage finance when incorporating residential rental property businesses. The rules regarding Stamp Duty Land Tax changes are still not clear but one thing is for… Read more

Beneficial Interest Company Trusts – Avoid Refinancing When Incorporating

Beneficial Interest Company Trusts – Avoid Refinancing When Incorporating

06/12/2015

Many of the landlords I have spoken to about incorporation (to avoid the effects of the new tax changes) have also spoken to their accountants. By using section 162 incorporation relief, many now realise they are in a position to avoid the implications associated with Capital Gains Tax.  A generally misconstrued perception of most tax advisers is… Read more

How does s162 incorporation relief work for landlords?

How does s162 incorporation relief work for landlords?

23/11/2015

Why might a landlord want to incorporate?  When building a rental property portfolio, profit is often retained for reinvestment into buying more property or paying down debt. However, these profits are taxed heavily for individuals. Companies only pay 20% tax, which is scheduled to reduce to just 18% by 2020. Companies are not affected by… Read more

Incorporation Relief to go in Autumn Statement?

Incorporation Relief to go in Autumn Statement?

21/11/2015

I was horrified to read a prediction on the highly credible Accounting Web that s162 tax relief used to mitigate CGT when incorporating a property letting businesses could be a victim of George Osborne’s Autumn statement next Wednesday (25th November).  If the Chancellor does make such an announcement those landlords currently looking to incorporate can but hope… Read more

2015 Finance Bill Receives Royal Assent

2015 Finance Bill Receives Royal Assent

18/11/2015

18th November 2015 may well be marked in history as the beginning of the end for most private buy-to-let landlords.  Restrictions on the amount of financing costs which can be deducted by individuals, partnerships, trusts and personal representatives when calculating their income from a property business are included in the Act (s 24). The amount of… Read more

Avoiding Restrictions on Finance Cost Relief for Landlords

Avoiding Restrictions on Finance Cost Relief for Landlords

11/11/2015

  GENERAL GUIDANCE  If you have been retaining profits after paying the higher rates of income tax then you have probably been paying more tax than necessary. IS TAX AVOIDANCE LEGAL? The law regarding tax avoidance was clarified nearly 80 years ago. In 1936 a landmark legal case was heard in the House of Lords… Read more

New landlord tax rules for new debt only

New landlord tax rules for new debt only

23/07/2015

Those of us who are lobbying for an amendment to the budget need to have a very clear message. I propose that message is “new tax rules for new debt only” Let us be absolutely clear; Government and the Bank of England have recognised a need to reduce growth in the buy-to-let market. It is… Read more

How the budget will affect private landlords – EXAMPLE

How the budget will affect private landlords – EXAMPLE

20/07/2015

Dave & Margaret are married and together run a sizeable buy-to-let property business. Properties have been acquired over a period on nearly three decades and have always been purchased in their own names as opposed to a company based on advice from their accountants. 2016/17 Tax year 2020/21 Tax year Rental income £600,000 £600,000 Expenses £200,000 £200,000 Mortgage… Read more

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