including personal properties on business tax returns

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    including personal properties on business tax returns

    Hi All

    Here’s the scenario

    A&B have newly registered a Limited company - currently in the process of acquiring two properties in the next 6 months.

    A has a previous BTL property in own name and A&B have a joint BTL property. Personal properties have only been on rent since April 2017, this will be the first tax return to be submitted.

    All rental income will be used to pay off the mortgages or invest in further properties, no intention to remove funds as salary/dividends in at least the next 10 years (unless circumstances change drastically)

    Is it possible to include the two personal properties on the business tax returns so that all properties are under the umbrella of the company?

    How would we go about doing this?

    thanks for taking the time to read/respond

    #2
    Sell the properties to the company.

    Unless the company pays full market value, it is likely that special tax rules and/or capital transfer tax will apply.

    Comment


      #3
      No.
      The personal properties are taxed personally.

      If the business buys the properties, SDLT (and possibly CGT) will be due - depending on the value of the properties - and obviously any mortgage(s) will need to be replaced/paid off.
      But this can't be retrospective.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        The company is a separate legal entitiy and has to report income from properties owned by the company. It should not report income from properties owned by other persons.

        The income and expenses for properties owned by other persons should be reported in personal tax returns by the registered named owners.

        Comment

        Latest Activity

        Collapse

        • Reply to Caught out by changes to Capital Gains Tax
          by jpkeates
          You have to make the return to tell HMRC there is no tax to pay, if that's the case.
          There is no option not to tell HMRC....
          09-12-2021, 09:58 AM
        • Caught out by changes to Capital Gains Tax
          by reluctantlandlord1976
          I appreciate 'ignorance' is no excuse, however there are some mitigating factors, i.e. due to illness etc.

          1. Previous family home rented out - terrible tenants - left owing rent, bad repairs etc. [usual story for some] subsequently property not let for 2 years for a number of reasons while...
          06-12-2021, 13:51 PM
        • Reply to Caught out by changes to Capital Gains Tax
          by Gordon999
          I think Andrew is correct .

          You start with 1/3 interest ( in 1982 valued at £6500 ? ) plus 1/6 interest from parent1 ( valued at £20K ?) plus 1/2 interest from parent 2 ( valued at £60K ? ). This probably takes your total entry cost to around £40K.

          Your total capital...
          09-12-2021, 09:47 AM
        • Reply to Caught out by changes to Capital Gains Tax
          by reluctantlandlord1976
          Hi Andrew
          First of all I've got an initial appointment to speak to an accountant on Friday!

          Can I just check where you write ' ...at death 1/6th of the value of the whole would have been deemed to pass to you for CGT purposes as the survivors would share the whole'.

          Does...
          08-12-2021, 18:02 PM
        • Reply to Caught out by changes to Capital Gains Tax
          by jpkeates
          Even if probate wasn't mandatory, it would probably have been useful.
          08-12-2021, 13:44 PM
        • Reply to Caught out by changes to Capital Gains Tax
          by AndrewDod
          Yes this would be the case if it was jointly owned (not as tenants in common). The situation would be that at death 1/6th of the value of the whole would have been deemed to pass to you (for CGT purposes), as the survivors would share the whole.

          So for the 3 periods you would be taken...
          08-12-2021, 12:51 PM
        • Reply to Caught out by changes to Capital Gains Tax
          by reluctantlandlord1976
          jpkeates
          There was no estate as such, property jointly owned - they were both retired at time of purchase living on small pensions, hence I bought with them so they could stay in the home they'd been renting from council from early 1950s to March 1982 at time of purchase. And I paid for the initial...
          08-12-2021, 10:50 AM
        • Reply to Caught out by changes to Capital Gains Tax
          by jpkeates
          I don't know the historic thresholds, but it's bizarre that there's no probate for both of your parents, their estate has to be tiny for that to be possible nowadays.
          It's probably too late for HMRC to do anything about that, but that process sets the values for CGT calculations later on, so it's...
          08-12-2021, 10:28 AM
        • Reply to Caught out by changes to Capital Gains Tax
          by reluctantlandlord1976
          Morning Andrew
          Thanks for your response early this morning and clarifying I have to make three separate calculations [the split wasn't clear on the CGT calculator].
          I understand the query on the value but this is an ex council house on a council estate [I feel I have to defend it here as...
          08-12-2021, 08:45 AM
        • Reply to Caught out by changes to Capital Gains Tax
          by AndrewDod
          As gordon indicates you need to consider it in three entirely separate parts, each have their own gain and calculation --

          The part YOU owned before Death 1
          The part YOU owned between Death 1 and Death 2
          The part you owned after Death 2

          Based on the values you give...
          08-12-2021, 05:52 AM
        Working...
        X