Moving a BTL portfolio into a Ltd company structure with no CGT

Moving a BTL portfolio into a Ltd company structure with no CGT

19:12 PM, 15th July 2015, About 9 years ago 18

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If you could transfer your properties to a limited company without paying any capital gains on the transfer would you be interested? Simon Lever

Massive thanks to Property118 member Simon Lever for sharing this information. Simon is a Chartered Accountant and Business Advisor.

In Simon’s own words ….

“I refer you to the case of Elizabeth Moyne Ramsey v HMRC [2013] UKUT 266 TC.

The basic facts are that after an appeal it was held that the transfer of a property letting business to a limited company was allowable for incorporation relief for CGT and therfore no CGT was payable on the transfer of the shares into the company.

The tribunal details are here.

You will need to take your own advice on this.

There are downsides in respect of the value of the shares that have to be issued, what value is given to the properties and if the lenders would agree to transfer their lending.

However it is a big step to be able to transfer the properties to a limited company without CGT.

I think this is another option that will possibly help you.”

For a commentary please see the embedded video below.


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Comments

Damien D

14:33 PM, 16th July 2015, About 9 years ago

Reply to the comment left by "Mark Alexander" at "16/07/2015 - 14:03":

Mark, ok thanks, it does raise the question of what is the correct way of doing this?

Should i get a market valuation done just for the purposes of satisfying hmrc / cgt?

I guess i could ask hmrc that question.

Mark Alexander - Founder of Property118

14:39 PM, 16th July 2015, About 9 years ago

Reply to the comment left by "damien " at "16/07/2015 - 14:33":

I wouldn't do anything in haste if I were you.

Give it 12 months and there will be a plethora of schemes, possibly even a new announcement.

If you must press on, do nothing without professional advice from an adviser experienced and insured to provide it.
.

Jason E

14:55 PM, 16th July 2015, About 9 years ago

Reply to the comment left by "Mark Alexander" at "16/07/2015 - 14:39":

Going back to the original point that it may be possible to move the property into a Ltd company and defer the CGT. In this particular case the landlord was very hands on.

In light of the full force of the tax change not coming in till 2021 does that give someone time to take on the management of their properties, keeping logs of what they do for a couple of years, before making the switch. So someone who might currently look like an investor can make themselves more like business.

Of course, this isn't always possible for an landlord but as you mention Mark, scheme's will appear and agencies may start to offer a service between managed and tenant find where you do all the paperwork and they get involved only when you need actual feet on the ground (and you can't sort a problem remotely).

Puzzler

9:34 AM, 18th July 2015, About 9 years ago

Interesting survey - no option in Q9 not to tick any of the options or "none of the above", therefore skewing the result

Also no box for LTV less than 50%

Kathy Evans

19:27 PM, 19th July 2015, About 9 years ago

Reply to the comment left by "Jason E" at "16/07/2015 - 14:55":

I have some - don't know what it's called officially - negative CGT from a previous loss. Might this cover me for moving a single property to a Ltd I already have? Values here are lower still than when I bought the property. so might be no gain any way. The idea was to move one property ASAP and take over most of the management, then move the others gradually (perhaps selling one). Does that sound feasible and how hard is it to get finance for this (currently all 5 properties on BTL mortgages).

Any advice or pointers on where to look gratefully received.

Howard Reuben Cert CII (MP) CeRER

9:56 AM, 20th July 2015, About 9 years ago

Reply to the comment left by "Kathy Evans" at "19/07/2015 - 19:27":

Hello Kathy

The budget has certainly caused a huge amount of speculative activity and the word 'panic' has been used in many articles that I have read since the Chancellor's speech.

One such 'panic' activity seriously being considered is indeed the switch from individually owned BTL property / mortgages to being owned under a Limited Company structure instead.

But, you must do your sums in it's entirety. BTL mortgages can be arranged for Limited Companies however they tend to be higher interest rates, higher fees, and more punitive criteria and early redemption fees. Some lenders will provide a mortgage for a Limited Company and t the same time stipulate that all of your other mortgages must be with them at the same time too. Some other lenders will only provide a maximum 5 year term and on a repayment basis only. (These are the more commercial lenders, and that's because BTL for Ltd Companies is deemed to be far more of a commercial venture).

Add up the costs of selling your properties to your Limited Company, and the cost of your Limited Company buying your properties and factor in the legal costs, valuation fees, arrangement fees, higher interest payments ... on top of any possible SD and CGT, and it might not be right for everyone anyway.

And so that's where all property investors who are considering this should take time out, work with a professional team of tax, legal and financial advisers and determine your own personalised strategy.

Hope that helps.

Howard
http://www.property118.com/member/?id=314

gary dave

19:22 PM, 21st July 2015, About 9 years ago

Reply to the comment left by "Howard Reuben" at "20/07/2015 - 09:56":

Hi Howard,

Do you know of anywhere I can find a comparison of buy to let mortgages for a limited company?

Thanks,

Gary.

Howard Reuben Cert CII (MP) CeRER

21:17 PM, 21st July 2015, About 9 years ago

Hi Gary

Yes, via any professional broker who can provide a comparison list based on the products that you're eligible for, following a full Fact Find.

My member link provides contact details to progress a FF and get those results.

Howard.

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