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

  • Why is clear contract drafting important?
    How simple contract clauses can protect your business.


    Read more
  • Ensuring equality: A legal guide to responsibilities and compliance
    Understanding equal opportunities in the workplace


    Read more
  • Navigating the Economic Crime and Corporate Transparency Act 2023: What it means for your business
    The Economic Crime and Corporate Transparency Act 2023 (the Act) represents a significant shift in the UK's approach to combating economic crime, improving corporate transparency, and anti-mo


    Read more
  • Blowing kisses, not boundaries
    Tribunal clears air on workplace etiquette.


    Read more
  • Estate planning: How not to make mincemeat of it!
    The High Court has confirmed that a will handwritten on the back of two cardboard food packages is legally binding.


    Read more

What they say...

  • Leann Paris, March 2025
    “From the beginning to the end, the support we have received throughout the case with all the staff members has been far more than we expected, we got kept up to date with every single matter, I have had stressful few years but Charlotte and he

  • C Smith, March 2025
    “As executor of a will it was a relief for a solicitor to act on my behalf as though no disputes it was still a lengthy and complex process. It was dealt with mostly by Charlotte B. who kept me informed at all times. She explained the process c

  • Marc, March 2025
    “RIAA Barker Gillette were engaged to handle a real estate transaction with unusual circumstances. As a non-UK resident unfamiliar with English conveyancing procedures, I felt completely satisfied with the depth of the information and explanati

  • Leigh, March 2025
    “Instructed Martin on my first property purchase. He was a delight to work with, kept me informed and updated regularly. It was an incredibly smooth and quick process. Couldn’t be happier.”

  • Ms Brownell, March 2025
    “Patrick was amazing from start to finish. He made the process so easy, and explained each step in detail ahead of time so I’d understand what would happen and when. He was incredibly organized and noted every detail, calling out things t

Read more
Send this to a friend