Creating own property management company to save tax

Creating own property management company to save tax

10:44 AM, 8th February 2017, About 7 years ago 29

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I currently self manage my 15 buy to let properties in the Greater London region. I want to legitimately reduce my property income so was thinking of creating a property management company whereby I transfer 6% of the annual rent as a service fee to the property management company. I am happy to create monthly invoices etc to show this as being an arms length transaction. I do not need the money so am happy to leave it sitting in the property management company (or maybe withdraw c. £5k a year as dividends).open business

Have any of the other readers done something similar? My only concern is that HMRC may challenge this arrangement given I am only managing my own properties and not anyone else’s. I also make a lot more money from my full time employment income than I do from property income. Transferring property to my wife is not an option as she is in the same situation (multi property owner who makes more from employment than from property).

I would be open to suggestions

Azim


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Comments

Mark Alexander - Founder of Property118

21:37 PM, 25th October 2018, About 6 years ago

Reply to the comment left by As at 25/10/2018 - 20:29
We don’t have a PM system but Mark Smith does have a Contact Form on his Member Profile

As

18:08 PM, 26th October 2018, About 6 years ago

Hi
I'm just thinking about the mechanics of how this is purported to work. Would I be correct is saying that following the creation of the BICT that it would lead to it being represented on the Land Registry title of the house in question in the form of a restriction? If this is the case, then even if the lenders attention is not drawn to it during this process, does the lender not have to agree to the restriction going onto the title deed of the house that they effectively own? Am I missing a point here?

Mark Alexander - Founder of Property118

18:19 PM, 26th October 2018, About 6 years ago

Reply to the comment left by As at 26/10/2018 - 18:08
There are no restrictions registered.

As

18:23 PM, 26th October 2018, About 6 years ago

Reply to the comment left by Mark Alexander at 26/10/2018 - 18:19
Thank you for the swift reply. If the BICT is not represented on the land registry title in this way, how can the BICT have any lawful position given that the legal owner is 'unaware' of it?

Mark Alexander - Founder of Property118

18:36 PM, 26th October 2018, About 6 years ago

Reply to the comment left by As at 26/10/2018 - 18:23
The legal owner is aware of it. In fact, the legal owner is the persons or persons entering into the business sale agreement and associated contractual liabilities with his/her company. The contractual liability includes the adoption of liabilities. There are then two contracts in play, one between the legal owner and the mortgage lender and another between the legal owner and the owner of the economic beneficial interest of the business, ie the company in which the legal owner (now nominee) has exchanged shares for equity in addition to adopting liabilities as described above.

Mark Smith Head of Chambers Cotswold Barristers

18:41 PM, 26th October 2018, About 6 years ago

Reply to the comment left by Mark Alexander at 26/10/2018 - 18:36
This is correct

As

18:46 PM, 26th October 2018, About 6 years ago

Gents
Thank you for your swift replies. Mark Smith I will contact you separately via the member directory option.

Sam

12:28 PM, 9th June 2020, About 4 years ago

Guys,

I formed a Property Partnership last year and already submitted one set of account as 50/50 split between my wife and I. The properties in the partnership are all jointly owned as Tenant in Common with the my wife. My wife lost her job last year and currently a home maker and I am a high rate tax payer. Can I change the partnership split from 50/50 to 25/75 (75% to my wife) without the need to submit form 17 ? Could I also add my daughter to the partnership as the 3rd Partner without adding her name to the mortgage or land registry ? Additionally, I also have a Ltd company which owns some properties. Could I use this company to charge my property partnership a fee to manage the portfolio ?

Grateful for any genuine feedback please.

Cheers.

Sam

Mark Alexander - Founder of Property118

13:55 PM, 9th June 2020, About 4 years ago

Reply to the comment left by Sam at 09/06/2020 - 12:28
Hi Sam

From what you have said, I think you need bespoke professional advice following a full tax planning consultation.

Please book and pay via the link below.

https://www.property118.com/tax/

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