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Control but not own

novazombie
Posts: 327 Forumite
I am looking for some intelligent ideas please.
I am in a situation where I have cash to buy a property soon, to rent out. Id rather not go into the reasons, but I would like to find a way to control it but not own it. So not have it in my name but still get the income from it and of course pay all the relevant tax.
Lots of people do this these days, either through a corporation, LTD company or some kind of trust.
Or even putting it in the name of someone else and having a big charge on it.
Someone told me about a company who did this for a percentage of the rent, they had someone sign a legal document stating the situation but the assets were not owned by the individual. The company sorted it all out but now I cant find anyone who will do this.
If you are sued or wife takes half of everything etc you wont lose.
The obvious answer is a LTD company and I will do it if nothing else but I want to consider other options before I go for this.
Any other legal above board ideas please?
I am in a situation where I have cash to buy a property soon, to rent out. Id rather not go into the reasons, but I would like to find a way to control it but not own it. So not have it in my name but still get the income from it and of course pay all the relevant tax.
Lots of people do this these days, either through a corporation, LTD company or some kind of trust.
Or even putting it in the name of someone else and having a big charge on it.
Someone told me about a company who did this for a percentage of the rent, they had someone sign a legal document stating the situation but the assets were not owned by the individual. The company sorted it all out but now I cant find anyone who will do this.
If you are sued or wife takes half of everything etc you wont lose.
The obvious answer is a LTD company and I will do it if nothing else but I want to consider other options before I go for this.
Any other legal above board ideas please?
0
Comments
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Rather not own it = either some sort of illegal avoidance or something else equally dodgy. Please explain - it would be unfair to ask people to help you break the law.
My only suggestion would be a limited company but you would have to be the sole shareholder/direct to get all the cash out of it - and as a direct ownership of that you would in effect own the property.0 -
poppysarah wrote: »Rather not own it = either some sort of illegal avoidance or something else equally dodgy. Please explain - it would be unfair to ask people to help you break the law.
My only suggestion would be a limited company but you would have to be the sole shareholder/direct to get all the cash out of it - and as a direct ownership of that you would in effect own the property.
Thank you if you are trying to be helpful.
My wife knows all about it and she is trying to come up with ideas as well.
I didn't want to go into it, but we made a mistake of getting involved with an unscrupulous man who may well try to sue us in the future.
Most rich people hide assets one way or another, there is nothing wrong with it as long as its legal.
As I said a limited company would do the job as long as my wife and I are not the directors, but I want to explore other options.
Is there anyone on here who is smart about these things and wouldn't mind sharing some ideas?0 -
If this person would sue you and your wife then he couldn't touch company assets...
You really need to go and find a nice solicitor for a good chat about the potential future issues.0 -
Thanks for that.
All the same I what to educate my self as to all the ways of controlling but not owning property. All the smart rich ones seem to do this one way or another.
There is an Indian company that you pay to have someone sign a legal document stating that you have a large charge on the property but this other person owns it. You still have control over the book keeping and any expenses you can write off against tax.
I would be grateful if someone could point me in the right direction to more info about things like this. Apparently there is a lot of this going on but its all deep underground and those that know don't want anyone else to know how to do it.0 -
Solicitor will tell you what will stand up in UK law.
There are all sorts of trusts and things that you might be able to use - but look in the phone book and ring round to see who specialises in complicated things.
Why might you be sued?0 -
Long story this man bought a business off us on a private mortgage. After a while his payments stopped. But of course he was still making money from the business, which was still in my name. So we worked out how much it would have been if he hired the business of us, about what he had already paid, then sold it.
He is angry said we couldnt do that, but we said you gave us no choice you broke the contract when you stopped paying what you agreed to. He thought I was a push over and tried to intimidate me. He has a reputation for taking people to court and he feels he is very good at it. He uses this to frighten people into not going up against him.
I want to never have anything in my name ever again, I have learnt the hard way. I have to get all my cash out of my name and then have a simple life.
I was even thinking about buying gold and silver and burying it. Bit extreme but thats the situation I am in.
Also I dont like solicitors, when ever I have bought and sold property or business in the past I have always done it myself never pay the ridiculous over prices they charge.0 -
You might want to explore setting up a company in your own name and having the company buy a house to rent out. The house therefore becomes a business asset and as someone has previously said, I'm not sure that anyone who tries to sue you personally can have any claim against the assets of a business. But DO get professional advice on that and don't just take the word of an internet numpty!
Otherwise, do you have any REALLY trusted friends to whom you could make a 'gift' or 'loan'? Though if you go down that route you'd obviously need to make sure your friend was trustworthy and not going to do you over for the money.
Tough position to be in. Good luck with it.0 -
You sold someone a business but kept it in your name? I think you should take proper legal advice about that situation right now.
Not liking solicitors might be what's got you in this mess now.
You're going to have to take proper professional advice sooner or later.0 -
poppysarah wrote: »You sold someone a business but kept it in your name? I think you should take proper legal advice about that situation right now.
Not liking solicitors might be what's got you in this mess now.
You're going to have to take proper professional advice sooner or later.
Glad you have the patience to stick with this thread. I must be thick as I have found it hard to understand so not chipped in my twopence worth!A retired senior partner, in own agency, with 40 years experience in property sales & new build. In latter part of career specialising in commercial - mostly business sales.0 -
buying an asset but not putting it in your name is the sort of thing a good accountant, preferable tax and/or property specialist would be able to advise you on.
my immediate thought was to buy property abroad but then there would be implications if you made any money from it and if it was just a holiday home then it would link back to you so I think long term you need to discuss with a professional what your options are and then if you have questions deciding on what they have told you come back here for opinions.
As for the business that you sold but kept in your name I would agree with poppysarah's last post; not taking legal advise has left you open to the mess you are in now. IMO the selling but still controlling a business sounds rather too similar to buying an asset not owing it but controlling it and if any of it is legal and do-able you need legal advise from a good solicitor.
Be prepared to pay for the solicitors and accountants services and don't opt for the cheapest or no win no fee type.0
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