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Higher land tax querie

I  have a residential and BTL property 2 x 200k which I’ve already paid the higher rate of stamp duty on. I want to keep my residential and change it to another BTL.

I understand I’ll have to pay higher rate of stamp duty on my next residential which would be a fortune. Is there any way I can transfer my current residential to a LTD as an additional BTL, pay the higher land tax on 200k, which then I’ll have no residential property - so can I then purchase a residential  at 400k with standard stamp duty costs?

I’ve also read that I can volunteer the higher rate on my current property to avoid paying it on  the next one that’ll cost more.

Thanks 

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 20,196 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Transferring your current home to a Ltd company would save you the additional SDLT, but your company would have to pay SDLT on the transfer.
  • Bookworm225
    Bookworm225 Posts: 218 Forumite
    100 Posts Name Dropper
    how will your company fund the purchase if there is currently an o/s mortgage on it ?
    how much personal CGT do you think you'll pay on disposal of property into your company ? 
    company will pay higher rate SDLT on its purchase

    will the total of the above come to less than higher rate on 400k property?
  • SDLT_Geek
    SDLT_Geek Posts: 2,845 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    I  have a residential and BTL property 2 x 200k which I’ve already paid the higher rate of stamp duty on. I want to keep my residential and change it to another BTL.

    I understand I’ll have to pay higher rate of stamp duty on my next residential which would be a fortune. The extra SDLT would be 5% if the price of your next home, if you keep your existing home.
    Is there any way I can transfer my current residential to a LTD as an additional BTL, pay the higher land tax on 200k, which then I’ll have no residential property - so can I then purchase a residential  at 400k with standard stamp duty costs?
    Yes, but as others have said, the Ltd company would pay SDLT on its purchase.  That would be on the market value and with the 5% surcharge.  There would be other tax and practical implications.

    I’ve also read that I can volunteer the higher rate on my current property to avoid paying it on  the next one that’ll cost more.
    That is not right.  Though transferring the old home to a company will have something of this effect.

    Thanks 
    I am assuming that the next property you will buy is in England, so the relevant stamp duty is stamp duty land tax.  I have made comments above,
  • Newheight13
    Newheight13 Posts: 232 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Thank you for your comments guys. I’ll be honest, I’m not sure I completely understand everything here.  In simple terms, if I transfer my current residential to a LTD at market value and incur the higher tax rate,  the and then purchase a residential, will the resi be at the standard rate? If so then that works out cheaper over on stamp duty, plus prevents me paying 40% tax so that works well if that simple. 

    Thanks for replying on a sunny Saturday! 
  • Bookworm225
    Bookworm225 Posts: 218 Forumite
    100 Posts Name Dropper
    If so then that works out cheaper over on stamp duty, plus prevents me paying 40% tax so that works well if that simple. 
    no it is not that simple
    as you don't understand the issues above then do a lot of research of your own so you do
    once more: mortgage on BTL, CGT payable by you, SDLT payable by company 
  • anselld
    anselld Posts: 8,574 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 May at 8:41AM
    If so then that works out cheaper over on stamp duty, plus prevents me paying 40% tax so that works well if that simple. 
    no it is not that simple
    as you don't understand the issues above then do a lot of research of your own so you do
    once more: mortgage on BTL, CGT payable by you, SDLT payable by company 
    Why CGT?  The OP would be disposing their current residence to Ltd Co.
    OP, has the proposed disposal property been your residence since purchase or has in been let for some period?
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