Stamp duty question-BTL
Stamp duty question-BTL
Author
Discussion

MrManual

Original Poster:

174 posts

76 months

Tuesday 18th January 2022
quotequote all
If I were to buy a Buy to let property through a LTD company as a first time buyer (Managed to find someone to do this). Would this affect my stamp duty rate when buying my own residential property as technically the company owns the BTL and not me personally?

PurpleFox

478 posts

101 months

Tuesday 18th January 2022
quotequote all
You / your company will still have to pay the 3% surcharge

22s

6,456 posts

232 months

Tuesday 18th January 2022
quotequote all
MrManual said:
If I were to buy a Buy to let property through a LTD company as a first time buyer (Managed to find someone to do this). Would this affect my stamp duty rate when buying my own residential property as technically the company owns the BTL and not me personally?
You will hear mixed messages on this.

I personally know people who have done exactly what you say (bought their first property as a BTL via an SPV, then purchased their primary residence at a later date in their personal name), and preserved their FTB SDLT exemption.

Some solicitors will insist, conversely, that you need to pay the FTB SDLT if you have ever owned any property in any structure.

Seek professional advice!

22s

6,456 posts

232 months

Tuesday 18th January 2022
quotequote all
PurpleFox said:
You / your company will still have to pay the 3% surcharge
This is not relevant.

MrManual

Original Poster:

174 posts

76 months

Tuesday 18th January 2022
quotequote all
22s said:
You will hear mixed messages on this.

I personally know people who have done exactly what you say (bought their first property as a BTL via an SPV, then purchased their primary residence at a later date in their personal name), and preserved their FTB SDLT exemption.

Some solicitors will insist, conversely, that you need to pay the FTB SDLT if you have ever owned any property in any structure.

Seek professional advice!
Best to go ask a solicitor or accountant?

PurpleFox

478 posts

101 months

Tuesday 18th January 2022
quotequote all
22s said:
PurpleFox said:
You / your company will still have to pay the 3% surcharge
This is not relevant.
Sorry I misread the OP. rotate

Countdown

44,955 posts

212 months

Tuesday 18th January 2022
quotequote all
MrManual said:
If I were to buy a Buy to let property through a LTD company as a first time buyer (Managed to find someone to do this). Would this affect my stamp duty rate when buying my own residential property as technically the company owns the BTL and not me personally?
According to this link the company always has to pay the 3% surcharge so I can't see why you would then ALSO have to pay when you buy for the first time.

MustangGT

13,438 posts

296 months

Tuesday 18th January 2022
quotequote all
A Ltd company is a separate legal entity, a company will always pay the 3% surcharge. If you personally buy your first residence no 3% surcharge will be applied as you do not own another property.

22s

6,456 posts

232 months

Wednesday 19th January 2022
quotequote all
MrManual said:
22s said:
You will hear mixed messages on this.

I personally know people who have done exactly what you say (bought their first property as a BTL via an SPV, then purchased their primary residence at a later date in their personal name), and preserved their FTB SDLT exemption.

Some solicitors will insist, conversely, that you need to pay the FTB SDLT if you have ever owned any property in any structure.

Seek professional advice!
Best to go ask a solicitor or accountant?
Either, so long as they are properly versed in stamp taxes. Sadly I can't recommend anyone who isn't going to cost £££.

I am a property investors and my personal opinion (not professional advice) is that, as someone else said, the company is 'limited' and therefore a separate legal entity. For example, let's say you buy a company that operates a factory and also owns a couple of flats nearby for when staff visit for temporary projects. Would seem ludicrous that you then lose your FTB status.

Having said that, sometimes HMRC rules are ludicrous!