This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Can Scottish properties be transferred into my English company?

Question:

I have a company in England, which owns four properties in Scotland. I would like to transfer these four properties into my husband's company in England. Can I do this as an asset transfer? 

Arthur Weller replies:  

You can do what you are proposing, but it will cost corporation tax for your company if there is any capital gain on these four properties, and it will cost Land and Buildings Transaction Tax (the Scottish equivalent of Stamp Duty Land Tax) for your husband's company. There is a cheaper way of doing things. Gift the shares in your company to your husband, then he can form a group containing your company and his company. Then the four properties can be transferred between the two group companies without any taxation. 

I have a company in England, which owns four properties in Scotland. I would like to transfer these four properties into my husband's company in England. Can I do this as an asset transfer? 

Arthur

...


This question was first printed in Business Tax Insider in April 2021.