![144825](https://www.taxation.co.uk/images/default-source/woodwing/144825.png?sfvrsn=3cfbd6f4_2)
Key points
- There are three key difficulties to surmount for a tax efficient ordinary incorporation of a BTL into a company.
- Effect of Ramsay v CRC [2013] STC 1764 on capital gains tax incorporation relief.
- HMRC removed the advance clearance facility for incorporation relief for property and any other business.
- The transfer of a buy-to-let from a partnership to a limited company may qualify for what is referred to informally as partnership SDLT relief.
- Possible fallout from HMRC’s Spotlight 63.
Following on from Dan Neidle’s and my article ‘Landlords beware’ (Taxation 26 October 2023) on HMRC’s Spotlight 63 (tinyurl.com/hmrcspotlight63) and a mixed corporate partnership structure which HMRC have pointed to as a ‘scheme’ this article reflects on why some buy-to-let (BTL) landlords have been attracted to such structures why practitioners have differing views on standard incorporations of BTL’s into a single limited company and...
Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.