S162 Incorporation Update 2025
Eligibility and scope of TCGA 1992 s162] : Confirm that the transfer qualifies as the transfer of a business as a going concern, that all assets other than cash are transferred, and that consideration is wholly or partly in shares.
Tax Traps of Incorporation of Buy to Let Property Portfolio
Normally landlords are advised to refinance their properties as and when possible to extract as much cash out as possible and spend it on their personal leisure.
Time to Incorporate
With the cost of borrowing increasing with further rate increases on the horizon, there has never been a better time to Incorporate your property portfolio, and transfer your properties from sole or joint ownership to a private limited company.
When is it a Good time to Incorporate a Property Portfolio
Since George Osbourne announced in his 2015 Budget of restrictions in mortgage interest relief, landlords have been racing to incorporate their property portfolios, which got the thumps up from the courts following the Ramsey Case (2013). The case itself provided the main guidance and test as to whether the landlord would qualify for Incorporation Relief. Several years forward, and whether the landlord would qualify for incorporation relief has become very subjective.
Substantial Incorporation Structure Explained
Many portfolio landlords are interested to know what is involved in the incorporation process.
This BLOG is the result of shortening many 100s of pages of information into the summary below.
Incorporation via Beneficial Interest transfer is used predominantly in England, Wales & Northern Ireland.
Incorporation – free 30 minute deep dive consultation
Are you interested in learning if Incorporation is the right path for your property business?
What Landlords Need to Know About Section 24
There is a lot of confusion among landlords about Section 24, also known as the ‘Tenant Tax’.