Skip to main content

News story

November 4, 2016

Dwelling on your company’s ownership of a dwelling

The UK government has set out to discourage the ownership of dwellings by companies (both offshore and onshore).

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.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Pension and inheritance tax changes from April 2027: why now is the time to review your will and estate plan
    From 6 April 2027, most unused pension funds and pension death benefits are expected to be included in a person’s estate for inheritance tax purposes. This article explains what the changes could mean for families, pension nominations, wills, chari


    Read more
  • What happens when company owners disagree? The key to keeping private companies running smoothly
    Director and shareholder disagreements can quickly disrupt a business if they are not addressed early. This article explains what disputes can mean for a private company, how they can be avoided, and how legal advice can help protect stability and su


    Read more
  • SMEs urged to review risks as liability rules expand
    New criminal liability rules taking effect on 29 June 2026 will make it easier to prosecute businesses of any size where senior managers commit offences while acting on the organisation’s behalf.


    Read more
  • AI-written grievances add new pressure for employers
    AI is making it easier for employees to produce detailed, formal-looking grievances that refer to legal concepts and workplace rights. For employers, the key is to look beyond the language, identify the core concern and follow a fair, consistent grie


    Read more
  • What to check in a new build contract
    Buying a new build home can be exciting, but the legal process carries important risks. From long-stop dates and mortgage deadlines to specifications, deposits, service charges and warranties, early legal advice can help protect your position before


    Read more

What they say...

  • Client, July 2026
    Pragmatic, but commercially astute support “Genuinely, we valued your pragmatic, but commercially astute support. It has helped us get this tricky deal over the line in a manner that we both feel supports our needs in a balanced way and gives L

  • Chey, July 2026
    Professional and speedy “I’m extremely happy with the service provided by RIAA Barker Gillette. They were very professional, dealt with my matter at speed and were very accommodating with my disability. I wouldn’t hesitate to use th

  • Client, June 2026
    Thank you “I had a call with Pippa that was not only factual and to the point but also reassuring and very helpful. Would highly recommend.”

  • Client, June 2026
    Trusts services “Very helpful service which solved our problem.”

  • Client, June 2026
    Probate Services “We used Patrice Lawrence to deal with our parents’ probate, and she handled the case promptly, professionally and with the respect due for a matter of this nature.”

Read more
Send this to a friend