Seeking property tax advice from experienced consultants allows you to structure your investment in such a way that your current and future property development plans are sustainable, compliant and importantly, efficient from a taxation point of view.
If they trade through a company, as well as limiting liability, their profits will be taxable at the appropriate rate of corporation tax rather than income tax. Corporation tax, which starts at 20%, is much lower than the tax to which they would be subject were they trading in their own name or through a partnership. With partnerships income tax of 40% or 50% for a trading business and on any rental income, or capital gains tax (CGT) of 18% or 28% for an investment business.
If a client is an employee or officer of a trading company and owns 5% or more of the ordinary voting shares in the company, and has done so for longer than a year, they may be eligible for entrepreneurs’ relief when they sell the shares. They would be subject to 10% CGT on the sale proceeds, rather than 28%. This may also be available on the disposal of a partnership share.
Another popular tax planning technique is to combine the use of a LLP with a company by making the company one of the partners. This can be a flexible way to reduce or defer tax liabilities. Make sure business clients factor in stamp duty land tax, which can be 15% of the price of £2 million-plus residential properties. There are some exemptions for developers, but they will need expert advice and some forward planning.
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