Building work on house through limited company?
Building work on house through limited company?
Author
Discussion

Owain

Original Poster:

1,632 posts

228 months

Saturday 13th December 2008
quotequote all
My dad has a limited company, and is looking to fit an office/conservatory on the side of his house.
As it will be an office for his business, I think he can put the fix+fittings through the company?
What he's wondering is whether he can put the actual building work too?
His accountant friend mentioned that he may have to pay some sort of tax when/if he comes to sell the property?
Any one done anything similar, or knows the ins and outs?
Cheers

Eric Mc

125,859 posts

296 months

Sunday 14th December 2008
quotequote all
If he uses company funds to pay for the construction of the extension/conservatory, he is, in effect, clearly stating that this is a business asset and therefore not part of his main residence.

If and when the house is sold, that part of the house which was a business asset and not part of the main residence is therefore not included in the Capital Gains Exemption applicable to a person's Principal Private Residence. Therefore, a Capital Gain might arise on the apportioned element of the sale price relevant to the conservatory/office.
As the conservatory is a company owned aset (after all, the company paid for it), the gain will be a company Capital Gain and therefore will be taxed under Corporation Tax rates rather than personal tax rates (CT 21% at the moment compared to IT of 20%/40%). More importantly, companies are not entitled to offset the personal Capital Gains Allowance (currently £9,600) when computing a gain.

In any case, construction costs of a building confer no tax relief to a business so what would be gained by using company funds to pay for the construction?

Would he not be better off to

a) put the cost of relevant plant and machinery additions (i.e. office equipment, desks, computers, chairs etc) through the business

b) pay personally for the actual construction costs but make sure that the company shows in its accounts an annual charge covering "use of home as office" or something similar

taffyracer

2,093 posts

274 months

Sunday 14th December 2008
quotequote all
Eric Mc said:
make sure that the company shows in its accounts an annual charge covering "use of home as office" or something similar
As an aside to this, what can the individual claim against the company for a home office?

UpTheIron

4,058 posts

299 months

Sunday 14th December 2008
quotequote all
taffyracer said:
As an aside to this, what can the individual claim against the company for a home office?
Like any expense - you can claim the actual cost...

http://www.taxationweb.co.uk/tax-articles/business...

However if you are a one man company who is never really actually in your "office" as you are always at a client site then be wary of claiming at all

http://www.ir35calc.co.uk/contractor_expenses_use_...


Owain

Original Poster:

1,632 posts

228 months

Sunday 14th December 2008
quotequote all
Cheer for that eric, will show him this in a min
Not sure what he meant really - just mentioned it when I was back yesterday
Probably a good idea just to put some of the fixtures through the company

Eric Mc

125,859 posts

296 months

Sunday 14th December 2008
quotequote all
Owain said:
Cheer for that eric, will show him this in a min
Not sure what he meant really - just mentioned it when I was back yesterday
Probably a good idea just to put some of the fixtures through the company
He needs a good chat with his accountant before he starts writing out company cheques for what are, essentially, domestic costs. Many traps, pitfalls and expensive accidents can befall one who does not get good advice in this area.

monthefish

20,467 posts

262 months

Tuesday 16th December 2008
quotequote all
Eric Mc said:
If and when the house is sold, that part of the house which was a business asset and not part of the main residence
I would imagine this would lead to conveyancing/title issues as well....


Simpo Two

93,053 posts

296 months

Tuesday 16th December 2008
quotequote all
Eric Mc said:
He needs a good chat with his accountant before he starts writing out company cheques for what are, essentially, domestic costs. Many traps, pitfalls and expensive accidents can befall one who does not get good advice in this area.
It might also flag up the issue of planning permission, no?

Eric Mc

125,859 posts

296 months

Tuesday 16th December 2008
quotequote all
Perhaps.

If it looked like a conservatory and the business use did not preclude its use as a normal conservatory, then I don't think this particular problem would arise.

Ean218

2,046 posts

281 months

Tuesday 16th December 2008
quotequote all
Theoreticaly if paid for, and used by the company, it would also attract business rates.