Are you a sole trader? Did you know that you can save income tax by transferring your business to a company? But watch out- this will trigger other taxes!
A sole trader can transfer their business to a company, this is called incorporating. This will save you income tax but may trigger capital gains tax (CGT). To get over this hurdle you can make a special CGT claim.
If you transfer land/buildings to a private company (which you own/control a significant chunk of), the share capital is seen as if it were a sale at market value with your company as the buyer. This means that it is liable to SDLT (Stamp Duty Land Tax) if the value exceeds the nil rate band. A simple solution to this would be to not transfer the property and instead keep personal ownership (in the future this may mean you miss out on tax savings though!).
Did you know that there is also a clause within the SDLT rules which allows a partnership which transfers land/buildings to a company to escape SDLT? This works by reducing the amount chargeable to SDLT in proportion with the partners connection with the company. So, if the partner owns or is connected to 50% of the company, then 50% will not be subjected to SDLT. Spouses, civil partners and close family are classed as connected persons, so if a married couple are in partnership and property is transferred to a company, only one of them needs to be connected to obtain this SDLT relief.
Get in contact today and we can talk through the rules and guidelines when it comes to SDLT as HMRC can be quite strict! Give us a call on 01622 738165 today!