The government is doing this by punitive rates of stamp duty land tax (15%) and an Annual Tax on Enveloped Dwellings (ATED).
ATED is an annual tax payable within 30 days of the start of each tax year by every company liable to pay the tax. It only applies to residential property. The rate of ATED correlates to the value of the property as follows:
- Taxable value between £0.5m and £1m – £3,500
- Taxable value between £1m and £2m – £7,000
- Taxable value between £2m and £5m- £23,350
- Taxable value between £5m and £10m – £54,450
- Taxable value between £10m and £20m- £109,050
- Taxable value over £20m- £218,200
The tax is payable in respect of each property (provided it is a dwelling) and is payable each year. It requires the filing of a tax return.
The rates above apply in the tax year 2016/17.
Before 1 April 2014, dwellings with a value below £2m were not subject to ATED.
From 1 April 2015, the figure was reduced to £1m and on 1 April 2016, it was reduced to £500,000. With the passing of each year, more properties have fallen into the ATED net.
Relief may be available if the apartment or house is let on the market (letting to relatives does not work).
In addition to Stamp Duty Land Tax and ATED changes, there have been changes to Capital Gains Tax (CGT) and Inheritance Tax to apply such taxes to offshore companies with UK property. Effectively, a death after 1 April 2017 can trigger UK inheritance tax liability in respect to a UK property enveloped in an offshore company (levied at a whopping 40%). Upon the disposal of such a property, CGT is now payable even if the owner is an offshore company.
Owners of company-owned apartments and houses should urgently get advice on de-enveloping their properties so they are no longer held inside a company.
Speak to John Gillette for advice on how your dwelling should be owned today.
Note: This article is not legal advice; it provides information of general interest about current legal issues.