Transferring Inherited property straight to Limited Company?

Transferring Inherited property straight to Limited Company?

8:51 AM, 18th April 2023, About 2 years ago 8

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Hi, I’ve inherited a house from my stepmother and I’m considering letting it.

I’m a higher-rate tax payer and as I’d rather not hand over 40% of all my rent to the tax man, I’d like to use a Limited company to ‘own’ the property, but, I think I may have to pay stamp duty – including the 3% extra – if I transferred it to the Ltd company from my ownership.

However, as I haven’t transferred it to myself yet (only just got probate awarded) – could I transfer it directly to a new Ltd company, free of Stamp Duty?

Is there any other way around this issue?

Many thanks

Adam

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Mark Alexander - Founder of Property118

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9:01 AM, 18th April 2023, About 2 years ago

If probate hasn't been granted yet then you could speak to your solicitor about a 'Deed of Variation' to the Will. However, this isn't necessarily the best way forward for you, because you then need to consider how you will get the money out of the company. It might be better for you to pay the SDLT and treat 100% of the consideration as a Directors Loan Account, which the company can then pay you back for the property out of its profits without you being taxed on that money.

You should also seek tax advice from Property118 in regard to structuring the company so that your beneficiaries do not end up paying huge amounts of inheritance tax when you pass on.

ARC

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11:06 AM, 18th April 2023, About 2 years ago

Mark,
Thank you. I am planning to book one of your consultations, but just wanted to get some ideas before I started.

NewYorkie

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11:58 AM, 18th April 2023, About 2 years ago

This would be an extremely interesting discussion to many.

ARC

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12:21 PM, 18th April 2023, About 2 years ago

Reply to the comment left by NewYorkie at 18/04/2023 - 11:58
Once I know what I'll be doing, I shall return and update the post!

Mark Alexander - Founder of Property118

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22:47 PM, 18th April 2023, About 2 years ago

Reply to the comment left by ARC at 18/04/2023 - 11:06
A few more ideas for you to ponder over.

If you sell the property to your company at the Probate value there will be no CGT to pay.

If you need any money now the company can arrange a mortgage to buy the property and the balance can be a Directors loan. This could be useful to raise cash immediately, if only to lend back to the company to pay the SDLT on the purchase and/or to pay off any other beneficiaries or Inheritance Tax due.

Also remember that Limited Companies can offset the full amount of loan interest against rental income, which is something private owners can no longer do.

Ade

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7:54 AM, 19th April 2023, About 2 years ago

We did exactly this.
We transferred a property I inherited from my late father's estate into a newly formed limited company using a deed of variation.
I double checked with HMRC and they confirmed no SDLT was liable.

The whole thing is a vehicle for our retirement so will only take money out when our personal taxation situation allows, minimising any tax liability (We're both currently higher rate tax payers so either in retirement or if out of work)

If you are in a similar situation (using for retirement) we also purchased another property through the company (from the estate) using director's loans mostly for deposits/incidentals (inc SDLT!) and both rental incomes to pay off a mortgage on the 2nd property. The only negative here is that company BTL mortgages tend to attract high interest rates but that's just the way it is.
That way at least the rental income from the inherited property is working for us until such time as we need to start using it.

Sarah B

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15:50 PM, 7th December 2023, About 12 months ago

Reply to the comment left by Ade at 19/04/2023 - 07:54
Hi Ade, this is super helpful! I was wondering if you could share the steps involved with the transfer. Were you both the buyer and seller? Was there an outstanding mortgage on the inherited property?

Thank you!

Sarah B

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15:50 PM, 7th December 2023, About 12 months ago

Reply to the comment left by ARC at 18/04/2023 - 12:21
Hey ARC, how did it go in the end?

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