Skip to main content

News story

November 4, 2016

Dwelling on your company’s ownership of a dwelling

The UK government has set out to discourage the ownership of dwellings by companies (both offshore and onshore).

The government is doing this by punitive rates of stamp duty land tax (15%) and an Annual Tax on Enveloped Dwellings (ATED).

ATED is an annual tax payable within 30 days of the start of each tax year by every company liable to pay the tax. It only applies to residential property. The rate of ATED correlates to the value of the property as follows:

  • Taxable value between £0.5m and £1m – £3,500
  • Taxable value between £1m and £2m – £7,000
  • Taxable value between £2m and £5m- £23,350
  • Taxable value between £5m and £10m – £54,450
  • Taxable value between £10m and £20m- £109,050
  • Taxable value over £20m- £218,200

The tax is payable in respect of each property (provided it is a dwelling) and is payable each year. It requires the filing of a tax return.

The rates above apply in the tax year 2016/17.

Before 1 April 2014, dwellings with a value below £2m were not subject to ATED.

From 1 April 2015, the figure was reduced to £1m and on 1 April 2016, it was reduced to £500,000. With the passing of each year, more properties have fallen into the ATED net.

Relief may be available if the apartment or house is let on the market (letting to relatives does not work).

In addition to Stamp Duty Land Tax and ATED changes, there have been changes to Capital Gains Tax (CGT) and Inheritance Tax to apply such taxes to offshore companies with UK property. Effectively, a death after 1 April 2017 can trigger UK inheritance tax liability in respect to a UK property enveloped in an offshore company (levied at a whopping 40%). Upon the disposal of such a property, CGT is now payable even if the owner is an offshore company.

Owners of company-owned apartments and houses should urgently get advice on de-enveloping their properties so they are no longer held inside a company.

Speak to John Gillette for advice on how your dwelling should be owned today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Family mediation and child arrangements
    What to do when you separate and there is no agreement in place for the children?


    Read more
  • Fair tips for all: New legislation ensures transparency in gratuity distribution.
    New rules to ensure fairness and transparency around handling tips, gratuities, and service charges for hospitality and other service sector businesses come into force on 1 July 2024. The new rules are designed to create an even-handed approach in si


    Read more
  • Is your business acquisition ready?
    Is your business ready for an acquisition? Learn key considerations from corporate lawyer Evangelos Kyveris at RIAA Barker Gillette, including growth strategy alignment, financial readiness, logistical preparation, and professional assistance for a s


    Read more
  • Preventing sexual harassment
    Employers are facing a pivotal moment as they brace for new regulations regarding sexual harassment set to take effect in October 2024.


    Read more
  • Why employers need a reflective response to employee beliefs
    Recent tribunal judgments on the freedom to express gender-critical views highlight the growing challenge for employers in safely navigating discrimination in the workplace in the face of increasingly complex social attitudes.


    Read more

What they say...

  • Georgina, July 2024
    “We used Peter Wright to act as a conveyancing solicitor in a recent house purchase. We found him approachable, affordable, would return calls, give any necessary advice without being intrusive, and was very thorough in all investigations on th

  • Oggy, July 2024
    “An excellent, professional and importantly, symapthetic service imparted to me from Karen at a most stressful time.” Employment

  • Sarah and Luke Oubridge, July 2024
    “We could not be more happy with the service provided by Herman and his team. From start to finish, we felt listened to, understood and also shared a laugh. Huge thanks.” Wills, tax and trusts

  • Tim Blunn, June 2024
    “My Solicitor (Patrick Simpson) was easy to speak to and very informative throughout my case. I would 100% recommend RIAA Barker Gillette (UK) LLP for employment related issues.”

  • Sabrina, June 2024
    “…mentioned a few complex areas and I appreciated the honesty and clear guidance provided. I would recommend [Pippa Marshall] highly.” Family law – prenup advice

Read more
Send this to a friend