Why Are Landlords Forming Limited Companies for Their Rentals?

23 July 2024

Why Are Landlords Forming Limited Companies for Their Rentals?

Should landlords form a limited company? UK tax and investment benefits explained
Why Are Landlords Setting Up Limited Companies for Their Rentals?

Since 2017, the number of landlords forming limited companies for their properties has surged, with 300,000 registered in 2022 alone. Today, approximately 40% of new buy-to-let purchases are made through a company structure.

This shift stems from the 2015 tax reform known as Section 24, which altered how landlords are taxed on rental income. Previously, landlords could deduct mortgage interest and other costs before taxation, but Section 24 now requires landlords to pay tax on their total rental income, with mortgage interest relief capped at the basic income tax rate of 20%.

In this blog, we’ll explore why landlords are transitioning to limited companies and weigh the advantages and drawbacks of this approach.

What Is Section 24 and How Does It Affect Landlords?

Implemented fully in 2020, Section 24 changed the tax relief landscape for landlords. Under the new rules, landlords are taxed on their full rental income, with mortgage interest relief capped at the basic income tax rate of 20%. This change has driven many landlords to set up limited companies to manage their tax liabilities. However, it's important to consider whether this move is beneficial for your situation.

Benefits of Setting Up a Limited Company
  • Reduced Tax Bill
  • Limited companies are taxed at the corporation tax rate of 25%, which can be lower than the personal income tax rates for higher earners. This can result in significant tax savings.
Limited Liability
A limited company structure separates personal and business finances, protecting personal assets from business liabilities.

Increased Flexibility with Profits
Profits in a limited company can be reinvested, used to pay down debt, or distributed as dividends, offering more flexibility in managing income and investments.

Easier Ownership Transfers and Inheritance Tax Benefits
Transferring ownership and managing inheritance tax is simpler within a company structure, potentially reducing stamp duty and capital gains tax liabilities.

Potential Drawbacks of a Limited Company Structure

Not Ideal for Lower Rate Taxpayers
For landlords in the basic income tax bracket or with only a single property, the benefits of a limited company may not outweigh the costs.

Transfer Costs
Existing properties must be sold to the company, incurring stamp duty and other costs, which may lead some landlords to retain personal ownership of their existing properties.

Increased Administrative Responsibilities
Running a limited company involves more paperwork and compliance, including company tax returns and detailed financial records. This may require hiring an accountant, incurring additional costs.

Double Taxation Concerns
While a company pays corporation tax on profits, any salary or dividends taken by directors are subject to personal income tax.

Limited Capital Gains Tax Allowance
There is no tax-free allowance for capital gains when selling properties through a company, though the lower tax rate and other efficiencies may compensate for this.

Higher Mortgage Costs
Mortgages for limited companies may come with higher fees and interest rates, and fewer products may be available compared to personal buy-to-let mortgages.

Complex Equity Release
Releasing equity from a property is more complicated in a limited company structure, as funds withdrawn must be declared as income and are subject to tax.

How Should You Proceed?
Deciding to form a limited company involves several factors and should be tailored to your specific financial situation. For landlords in higher income tax brackets, consulting with a financial advisor can be beneficial to determine if this structure is advantageous.
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