The Benefits of Transferring Personal Property into a Limited Company

The Benefits of Transferring Personal Property into a Limited Company

Transferring property from personal ownership into a limited company is an increasingly popular strategy for landlords in the UK. Whether you own a single buy-to-let or a large portfolio, operating through a Special Purpose Vehicle (SPV) can provide tax benefits, asset protection, and long-term financial advantages.

However, this process comes with key considerations, including Stamp Duty Land Tax (SDLT), Capital Gains Tax (CGT), and mortgage refinancing. In this article, we’ll explore:

  • Why landlords are moving properties into limited companies
  • The tax benefits and financial advantages
  • The process of transferring property into a company
  • Key risks and costs to be aware of
  • Real-world case studies of landlords who have made the switch

Why Transfer Personal Property to a Limited Company?

Historically, most landlords owned property in their personal names, but recent tax changes have made this structure less attractive. Since April 2020, individual landlords can no longer fully deduct mortgage interest payments from rental income. Instead, they receive a 20% tax credit, which increases tax liability for higher-rate taxpayers.
In contrast, limited companies can fully deduct mortgage interest as a business expense, making incorporation a tax-efficient option for many landlords.

Key Benefits of a Limited Company Structure

1. Tax Efficiency

Lower Corporation Tax: Limited companies pay Corporation Tax (currently 25%) instead of higher personal income tax rates (up to 45%).
Full Mortgage Interest Deduction: Unlike personal ownership, all mortgage interest can be deducted from profits.
Retaining Profits for Growth: Companies can reinvest rental income into new properties without personal income tax exposure.

2. Asset Protection & Estate Planning

Limited Liability: Personal assets are protected, as the company, not the individual, is responsible for liabilities.
Easier to Transfer Ownership: Shares in a company can be passed to family members, simplifying inheritance tax planning.

3. Mortgage & Finance Advantages

Better Long-Term Borrowing Options: Some lenders offer better deals to companies than to individual landlords.
Access to Higher Loan Amounts: Rental income calculations for limited companies are often more generous, enabling larger mortgages.

Step-by-Step Guide to Transferring Property into a Limited Company

Transferring property into a limited company is not as simple as just changing ownership. The process involves selling the property to the company, which triggers SDLT, CGT, and mortgage refinancing.

Step 1: Set Up a Limited Company

Register a Special Purpose Vehicle (SPV) through Companies House (Recommended SIC Code: 68209 – Letting and operating of own real estate).
Open a business bank account to manage rental income and expenses.

Step 2: Transfer the Property

The limited company purchases the property from you at market value, as determined by an independent valuation.
A solicitor manages the transfer and ensures compliance with tax regulations.

Step 3: Pay Any Applicable Taxes

tamp Duty Land Tax (SDLT): The company must pay SDLT based on the purchase price, including the 5% surcharge for additional properties.
Capital Gains Tax (CGT): If the property has appreciated in value, you may owe CGT (up to 28%) on the gain.

Step 4: Secure a Limited Company Mortgage

The company must take out a new mortgage, as existing personal mortgages cannot simply be transferred.
Many specialist lenders now cater to limited company landlords, offering up to 75% LTV mortgages.

Step 5: Manage Rental Income Through the Company

The company collects rent, pays expenses, and retains profits for reinvestment or shareholder dividends.

Case Studies: Real-World Examples

Case Study 1: Portfolio Landlord Reduces Tax Bill

Background: Mark owned five buy-to-let properties in his personal name, generating £100,000 in rental income.

Challenge: His tax bill was high due to the mortgage interest relief restriction.

Solution: He transferred all properties into an SPV and secured limited company mortgages.

Outcome: He now benefits from full mortgage interest deductions, reducing taxable profits and allowing him to reinvest savings into new properties.

Case Study 2: Inheritance Tax Planning for a Family Portfolio

Background: Sarah and her husband owned three rental properties and wanted to pass them to their children.

Challenge: If they left the properties in their names, their children would face 40% inheritance tax (IHT).

Solution: They transferred the properties into a family-run limited company, gradually gifting shares to their children.

Outcome: The portfolio remains within the family, and inheritance tax exposure is significantly reduced.

Potential Risks and Costs of Transferring Property

1. Stamp Duty Land Tax (SDLT)

  • The company must pay SDLT on the market value, including the 5% surcharge for additional properties.
  • Use our Stamp Duty Calculator to estimate your costs.

2. Capital Gains Tax (CGT)

  • If the property has increased in value, CGT may be payable at 18-28% when transferring ownership.

3. Mortgage Refinancing Challenges

  • Limited company mortgages have higher interest rates (around 5% at the time of writing).
  • Directors usually need to provide personal guarantees.

4. Ongoing Costs and Compliance

  • Limited companies have accounting, filing, and compliance costs, including annual reports to Companies House.

Conclusion

Transferring property into a limited company can be a tax-efficient strategy for landlords looking to expand their portfolios, reduce tax liabilities, and protect their assets.

However, this process involves SDLT, CGT, and mortgage refinancing, so careful planning is essential. If you are a high-rate taxpayer or planning long-term investment, incorporating could significantly improve your profitability.

Before making a decision, consult with a tax specialist, mortgage broker, and solicitor to understand the financial implications.

FAQs

Q1: Is it worth transferring a buy-to-let property into a limited company?

A: It depends on your goals. If you plan to grow a portfolio, the tax savings and reinvestment potential make it worthwhile. However, consider SDLT, CGT, and mortgage costs before deciding.

A: No, SDLT is payable unless the company is a partnership that has existed for at least three years before the transfer.

A: No, a buy-to-let SPV is for rental purposes only. If you live in the property, it could create tax complications.

A: No, you must apply for a new mortgage, as personal mortgages cannot be transferred. However, many lenders offer 75% LTV mortgages for SPVs.

A: You can withdraw profits as dividends (subject to dividend tax) or as a salary. Consult an accountant for the most tax-efficient strategy.

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