About James Bailey
About This Guide
1. Choosing the Right Structure
1.1. Sole Trader
1.2. Partnership
1.3. Limited Company
1.4. Types of Partnerships
1.4.1. A “Limited Partnership”
1.4.2. A Limited Liability Partnership (known as an LLP)
2. Getting to Grips with Limited Companies
2.1. The Different Types of Limited Company
2.2. The Basic Rules for a Company
3. Understanding Corporation Tax
3.1. The Rates of Corporation Tax
3.2. The Effect of Associated Companies
3.3. Reducing the CT Bands
3.4. Key Dates for the Company
3.5. Benefiting from the Favourable Company Taxes
3.6. Extracting the Cash from the Company
3.6.1. Paying A Salary
3.6.2. Paying Dividends
3.6.3. Paying Dividends and A Salary
4. Building up a property portfolio using a company
4.1. Using a Company to Grow Your Property Portfolio – a Detailed Case Study
5. Using a Property Management Company
5.1. Starting the Property Management Company
5.2. Growing the Property Management Company
5.3. Getting the Cash Accumulated Out of Management Company
6. Everything you need to Know About Dividend Payments
6.1. Working with “Distributable Profits”
6.2. Proportioning the Dividends
6.3. The Two Types of Dividend
6.3.1. A “Final” Dividend.
6.3.2. An “Interim” Dividend.
6.4. Getting the Paperwork Right
6.4.1. Sample – Meeting Minute
6.4.2. Sample – Dividend Voucher
6.5. Two Pitfalls to Avoid when Making Dividend Payments
6.5.1. Illegal Dividends.
6.5.2. Timing of Dividends
6.6. Using Dividend Waivers – An Effective Tax Planning Tool
6.7. Watch out for the “Settlements” Legislation
7. The Property Development Company
7.1. The Property Developer
7.2. Companies and Property Developers
7.3. The Construction Industry Scheme (“CIS”)
8. Incorporation Relief
8.1. Transferring Assets into Your Company
8.1.1. Holdover Relief for Gifts of Business Assets
8.1.2. Incorporation in Exchange for Shares
8.2. Watch Out for Three Pitfalls
8.2.1. “Preordained Series of Transactions”
8.2.2. Stamp Duty Land Tax
8.2.3. What is a “Business”?
8.3. Incorporating an Existing Property Investment Portfolio
8.4. Incorporating an Existing Property Development Business
9. Taper relief for CGT
9.1. Taper Relief for Business Assets
9.2. Taper Relief for Non Business Assets
9.3. What is a “Business Asset?”
9.4. What is a “Qualifying Company?”
9.5. Business Taper Relief and Commercial Properties
9.6. Business Taper Relief on Shares
10. Reinvestment Relief
10.1. Property Investors and Reinvestment Relief
10.1.1. Business Assets
10.1.2. Furnished Holiday Lettings
10.2. Deferring Capital Gains by Reinvesting
10.2.1. Enterprise Investment Scheme (EIS)
10.2.2. Corporate Venturing Scheme (“CVS”)
11. Two Property Tax Pitfalls
11.1. When is a Partnership Not a Partnership?
11.1.1. Why Does it Matter?
11.2. How Limited is Your Liability?
12. Close Companies
12.1. What is a Close Company?
12.2. Special Rules for Close Companies
12.3. The Meaning of a “Distribution” From a Close Company
12.4. Loan to a Participator
12.5. What is a CIC?
13. The Directors’ Tax Liabilities
13.1. Tax on Non-Cash Benefits
13.2. Expenses
13.2.1. Travelling expenses
13.2.2. Cars
13.2.3. Using Your Own Car for Business
13.2.4. Using Cars for Sole Traders and Partnerships
13.2.5. Three Important Differences to Remember
13.3. Other Expenses
13.4. Dispensations
13.5. Shares as Rewards
13.6. FOUR Tax Free Benefits
14. Companies and Tax Investigations
14.1. “Aspect” Enquiries
14.2. “Compliance” Enquiries
14.3. Full Enquiry
14.4. “Grossing up”
14.5. Company Investigation Settlements
14.6. Disclosure
14.7. Co-operation
14.8. Size and Gravity
14.9. Watch out for the COP 9
14.10. Four Golden Rules of Tax Investigations
15. Getting Your “Tax” Exit Strategy Right
15.1. Everybody Has an Exit Strategy
15.2. The THREE Most Common Exit Strategies
15.3. Selling the Business
15.3.1. Benefits of Buying the Shares in the Company
15.3.2. Drawbacks of Buying the Shares in the Company
15.3.3. Benefits of Selling the Shares in the Company
15.3.4. Benefits of Selling the Company’s Assets and then Liquidating
15.4. Selling the Company’s Shares
15.4.1. “Earn-outs”
15.4.2. “Employment-Related Shares or Securities”
15.4.3. Payments Under Warranties and Indemnities
15.4.4. “Compensation for Loss of Office”
15.4.5. Pre-Sale Tax Planning
15.4.6. Company Purchase of Own Shares
15.4.7. Timing
15.4.8. Gifts to Spouse
15.4.9. Substantial Shareholding Exemption
15.4.10. Post Sale Tax Planning
15.4.11. Tax Shelters
15.4.12. Losses
15.5. Sales of Assets and Liquidation of Company
15.6. Dividend versus Liquidation
15.7. How to Liquidate a Company
15.7.1. A Formal Liquidation
15.7.2. An Informal Liquidation
15.8. Dying in Harness
16. Inheritance Tax and Companies
16.1. IHT – the basics
16.2. PETs
16.3. Gift With Reservation of Benefit
16.4. Spouse Exemption
16.5. Business Property Relief
16.6. How to Lose the Spouse Exemption – (Not Recommended)!
16.7. Close Companies and IHT
17. International and Offshore Companies by Daniel Feingold
17.1. About Daniel Feingold
17.2. Watch Out for the Single Solution Approach
17.3. Using an Offshore Company
17.4. The SEVEN pitfalls of using an Offshore Company
17.5. Using Local Companies
17.6. Using a Double Tax Treaty to Your Advantage
17.7. CM&C and Local Companies
17.8. Using a UK Company to Buy Overseas Property
17.9. Foreign Branch Tax Rules
17.10. Associated Company Rules
17.11.Understanding Foreign Tax Rates
17.12. Extracting Money from Your UK Company
17.13. Using Two Companies
17.14.Using a Nominee Company
17.15.FURBS
17.16.A Final Word