Why so many landlords have waited until now to incorporate their property rental businesses

Why so many landlords have waited until now to incorporate their property rental businesses

13:30 PM, 7th July 2023, About 10 months ago 10

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These are the top six reasons why so many landlords have waited until now to form a Limited Company and sell their property rental business to it in exchange for shares. This process is commonly known as ‘incorporation’.

Reason #1

The pain associated with the Section 24 restrictions on finance cost relief was bearable when interest rates were much lower and profitability was so much higher.

Reason #2

Very few landlords had previously contemplated selling any of their properties so the prospect of having to pay Capital Gains Tax never really crossed their minds.

Reason #3

Many landlords have never been advised by their Accountants that incorporation transfers historic capital gains out of their properties and into the shares in the company they are sold to. When landlords who are considering the sale of some of their properties understand the positive implications of this reality (perhaps to pay off finance which has become unviably expensive) it becomes a ‘no-brainer’ to seriously consider all the pros and cons of ‘incorporation’.

Reason #4

Many of the larger property portfolios still owned privately have grown since the late 90’s or early 2000’s. Those landlords are now of an age where they are starting to lose or have already lost their parents and have become more attuned to their own mortality. Legacy planning and inheritance tax are two subjects that feature much more frequently in their thoughts, to the extent that in time they discover that a corporate business ownership structure provides significantly more flexibility than any others in relation to this form of planning.

Reason #5

Only the brave are pathfinders and this has definitely been the case for cautious landlords. Many have waited patiently on the sidelines to gather as much credible information to be drip fed to them on Social Media and other information platforms. There are over 15,000,000 words in the UK tax manuals, so it is no surprise that very few landlords ever wanted to take on the mammoth task of reading them all, interpreting what they have read and tranlating that into solutions to their own problems. That’s why so many landlords have been watching our video interviews on YouTube, following our Testimonials page and reading our articles with links to the HMRC manuals that explain what can and cannot be done. We have published over 200 of these articles over the past seven years!

Reason #6

Many Accountants are only now beginning to wake up to the harsh financial realities their landlord clients are facing. The same can be said for Letting Agents whose inventory is under severe threat of reduction. These and other professionals have also been sitting on the sidelines but are now contacting is en-masse to enquire about becoming a Property118 Ambassador and getting paid for referring business to us whilst helping to rescue their clients and potentially saving their own businesses at the same time.

The Best Landlord Tax Planning Consultants in the UK?

Property118 and Cotswold Barristers are widely regarded within the UK Private Rental Sector as the market leaders for advice on and implementation of rental property business incorporation.

Below is a small selection of examples of the HMRC internal manuals we have directed landlords and their professional advisers to in the past in order to answer many of the Frequently Asked Questions we receive in regard to incorporation.

What is HMRC’s definition of a rental property business for the purposes of obtaining ‘incorporation relief’ to mitigate taxation on capital gains? link to HMRC manual

Where does HMRC confirm it is possible to roll capital gains into shares upon incorporation? link to HMRC manual

Which HMRC manual confirms there is no requirement for a company to take over the liabilities of a business and that where this is done it is perfectly normal for those liabilities to be transferred by way of an indemnity rather than having to refinance? link to HMRC manual

There is no substitute for bespoke professional legal advice. That’s why we have developed processes to deliver exactly that for a fixed fee of just £400 including VAT. Furthermore, we are so confident that you and your Accountant will be so impressed with the service we provide we even offer a guarantee of total satisfaction or a full refund in order to completely de-risk the investment for you. The reason we need to charge the £400 fixed fee up-front is to deter time-wasters. The reality is that completing the entire consultation process typically requires around 10 hours of time investment from our landlord tax planning consultants and barristers, so we could actually lose money on every consultation case we take on that we cannot provide and implement a logical solution for. For this reason, we are highly incentivised to tell you very quickly and refund your £400 consultation fee if we feel cannot assist you. That said, less than one in every 20 consultation bookings to date has ended with that outcome.

The one question we are never able to answer before completing the consultation process is what the cost of implementation of our recommendations will be. This is because we do not know what our recommendations will be at that point. The next question we are often asked is to give an approximate range on pricing, but this is equally difficult to answer because we never recommend anything unless the benefits provide a significant return on investment. The least expensive restructure we have implemented to date cost £5,995 + VAT to implement and the most expensive cost just under £300,000. The one common factor for all these cases was that the return on investment was justifiable.

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  • For the avoidance of doubt, we are able to assist landlords who own properties in England, Northern Ireland, Scotland and Wales. Where you reside is not a problem, even if you are resident outside the UK.
  • Landlord Tax Planning Consultancy is the core business activity of Property118 Limited (in association with Cotswold Barristers).

 

 

 


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Comments

T G

4:38 AM, 6th May 2023, About 12 months ago

There are several reasons why some landlords may have waited until now to incorporate their property rental businesses:

1 - Changes to tax laws: In recent years, there have been changes to the tax laws that have made it less advantageous for individual landlords to operate as sole traders. For example, the reduction of the tax-free personal allowance and the introduction of the Section 24 mortgage interest relief changes mean that many landlords face higher tax bills, which can be mitigated through incorporation.

2 -Protection of assets: By incorporating their property rental businesses, landlords can separate their personal assets from their business assets, which can help to protect them in the event of legal action or financial difficulties.

3 - Improved borrowing rates: Limited companies can often access better borrowing rates than individuals, which can be particularly beneficial for landlords who are looking to expand their property portfolios.

4 - Flexibility and control: Incorporation can provide greater flexibility and control over a landlord's business, allowing them to manage their finances more effectively and make strategic decisions about their property portfolio.

5 - Greater credibility: Incorporation can provide a level of credibility and professionalism that may be attractive to tenants, lenders, and other stakeholders in the property industry.

6 - Overall, there are a range of factors that may influence a landlord's decision to incorporate their property rental business, and the advantages and disadvantages will depend on each individual's circumstances. It is important for landlords to seek professional advice and carefully consider their options before making any decisions.

Mick Roberts

8:38 AM, 6th May 2023, About 12 months ago

Well said Mark.
I've been telling many for years to do something. Now rates have gone up, they panicking,

jjbforge@gmail.com

16:48 PM, 25th May 2023, About 11 months ago

I do apologise if I am not understanding this properly.
I have no debt onproperties but would like to ask does incorporating your property portfolio take away the payment of inheritance tax and CGT?

Mark Alexander - Founder of Property118

22:44 PM, 9th July 2023, About 10 months ago

Reply to the comment left by at 25/05/2023 - 16:48
The article I have linked to below will answer your question.

https://www.property118.com/benefits-incorporating-rental-property-business-no-mortgages/

Ashleigh

6:45 AM, 3rd August 2023, About 9 months ago

Is this only beneficial for higher rate tax payers?
Me and my husband have 9 btl properties, all mortgaged and the profit from these is our sole income. We have always been told by our accountants that it wouldn’t be viable for us to become a limited company and they have never been able to offer any other options. Both being in our late 50’s/early 60’s we are now starting to think about the problems we could be leaving our 2 kids and wonder if there are inheritance planning options for us? Advice please!

AT

10:23 AM, 9th August 2023, About 9 months ago

We just incorporated With Property 118.

Out of section 24 now. Next step is IHT via P118.

I have asked P118 team to start offering Ltd. lending via in house or links to selected lenders for the portfolio. Mark if you are reading this, thanks to the team and look forward to good portfolio lending products with no erc as we plan to sell 1 by 1.

Ashleigh

6:48 AM, 10th August 2023, About 9 months ago

I posted a question on this thread last week but haven’t yet had an answer! I would still like to know if this would benefit myself and my husband on our small portfolio of 9 mortgaged properties? We are lower rate taxpayers but wondered if we could do anything to help with cgt and iht for the future. Would be helpful to know!

AT

7:06 AM, 10th August 2023, About 9 months ago

Reply to the comment left by Ashleigh at 10/08/2023 - 06:48
Every case is different, it's worth booking an initial consultation with P118 either with Nicky or Gular, they are experts in the field and will be able to advise using your data.

For us it worked with 13 properties, we paid for IHT planning as well, that's yet to be done.

Section 24 may be causing you issues already however there will be CT to pay, but you will be able to offset interest against income.

I watched a C4 property programme on YouTube yesterday, a great panel but not enough time to do the conversation any justice. 2 tenants were pretty upset and were almost stating, letting a property is a service. Lack of housing and low stock is causing massive distress, all the regulations and banning s21 is only adding to a broken system.

As sad as it is and eroding profits, it's time to take stock as filling self assessments later this year will otherwise make decisions for many to sell up.

NB : I don't work for P118.

Ashleigh

8:08 AM, 12th August 2023, About 9 months ago

Reply to the comment left by AT at 10/08/2023 - 07:06
Thank you for your reply. I suppose the only way to find out is to book a consultation. The reason I am a bit wary is that we paid an accountant/tax advisor a £1000 for some tax planning advice which literally resulted in a written ‘report’ suggesting there was little we could do that would be financially beneficial to us, as we are still lower rate taxpayers.
I just don’t want to pay out more money to be told the same thing that’s why I asked the initial question.
Thanks again!

AT

9:03 AM, 12th August 2023, About 9 months ago

£1000 sounds steep.

The way decided;

My business partner contacted P118 a few years back. Got on the phone prices', they are reluctant to do this now as it takes too much admin and emails are unregulated I suppose.

We contacted another company who wanted to set up mixed partnerships. They were pushy and had 'time limited' deals - all the time.

We had a consultation with P118, zoom call with our accountant on the call as well. Fixed prices.

I was put in touch with another company through a family accountant. Mixed partnerships, they wanted to charge over £5k to set up LLP and other charges were similar to P118 and they only allowed £39k as Directors Loan!

We got back in touch With P118 and pushed the button. We will have a structure set up now and our childern on the company.

If it helps anyone, we started with property as somewhere to invest whilst I was working on Internet in 1996 onwards. This secondary business become primary. We are cash poor but asset rich, like many btl owners.

During good years, we consolidated a handful of peps/isas, sipps and also started ploughing sale of non property into multiple stocks & share accounts under a well k known trading house. This is for future secondary income and I am surprised what has built up! Will we ever touch it, probably not but now this has got me thinking about 'Generational wealth'. It's a topic I have discussed with our children too, they have a new duty.

Whilst being cash poor and asset rich, a hurdle now is extending 2 leases, and when the property market turns around in 12 to 24 months, start disposing. This part needs thought.

Good luck with your decision.

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