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Will any further taxes be payable if I incorporate my rental properties?

Question:

I have nine properties in Newcastle, which are all mortgaged and held in my personal name. Could you please tell me how I can incorporate these? 

Arthur Weller replies:  

You can simply do a conveyance through a solicitor and transfer the properties into a company. However, there are three main difficulties in doing so: 

(a) There will be capital gains tax (CGT) for you to pay if the properties are worth more today than when you originally acquired them (presumably).  

(b) The company will have to pay stamp duty land tax on an amount equal to the value of the properties.  

(c) You will have to terminate the current mortgages and 'restart' them in the name of the company.  

Possibly, you could overcome the CGT difficulty by means of 'incorporation relief' – but for this, you would need to speak to a tax adviser. I should point out that you need to know clearly why you want to incorporate and consider whether it is possible to achieve your objective through another route.    

I have nine properties in Newcastle, which are all mortgaged and held in my personal name. Could you please tell me how I can incorporate these? 

Arthur Weller replies:  

You can simply do a

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This question was first printed in Business Tax Insider in December 2023.