Buying overseas property via a company - new legislation

To accommodate non-UK tax considerations, a growing number of UK taxpayers have been advised to secure property abroad by using a company to make the purchase. Potentially this created a risk that owners who were directors or shadow directors of the company, would be assessed on their private use of the property as a benefit in kind.

The Finance Bill 2008 now includes legislation that exempts most owners from this potential benefit in kind charge.

To qualify for the exemption the following conditions must be met:

1. The property is owned by a company owned by individuals. If the shares in the company are owned by a family trust the exemption will not apply.
2. The property is the company’s only or main asset.
3. The company’s only activities are those that are incidental to its ownership of the property, and
4. The property is not funded directly or indirectly by a connected company.

The Finance Bill 2008 has clarified that exemption is extended to include ownership by certain groups of companies, and that letting of the property to third parties will not disqualify application of the exemption.

Please note that this exemption only applies to overseas properties. If you own a UK property through a company a potential benefit in kind charge will still apply.

Article provided by HfM Accountants.