Property Developer/Builder

groundygroundy Trusted RegularRegistered Posts: 495
I have a client that is building some new build properties on land that they own and intends on renting out the properties once built. They believe there will be a rental income of approx £100k per year once full and therefore my thoughts are to form a limited company.

My question is that Mrs A owns the land at present. Is it possible for XYZ Ltd to pay a builder to build the properties and receive the rent and then pay a ground rent to Mrs A. Or does Mrs A have to pay for the build before transfering the properties into a company?

Comments

  • T.C.T.C. Experienced Mentor Registered, Tutor Posts: 1,448
    This sounds more like a legal issue than an accounting one! :glare:
  • groundygroundy Trusted Regular Registered Posts: 495
    Cheers TC that was my thinking
  • DeanDean Experienced Mentor DevonRegistered Posts: 646
    I actually got quite excited reading this! Really juicy case but there are quite a few if, buts and maybes that you need to find out more details of what the client is wanting to do in the future. Here's a list of my initial thoughts:
    Income tax
    Capital gains (Sliding rate Vs ER)
    VAT
    Corporation tax
    Legal titles (formal sale/purchase maybe, company v individual)
    IHT
    Protection of assets (wills/trusts etc.)
    - Ages, family relations and so forth

    Regards

    Dean
  • hunterhousehunterhouse Settling In Nicely Registered Posts: 17
    groundy,

    The previous responses are essential considerations.

    In principle, either of your suggestions are workable but I believe a minimum requirement - if it is the client's intention to remain the ground-landlord - would be a legally binding lease between her and the Ltd company which would help to keep the scenario clear from the outset. At first sight, transferring the properties into the Ltd company does not seem particularly attractive but the client's personal aspirations and circumstances means the choice is unlikely to be so straight forward.

    If you have time, it would be interesting to know the outcome.

    Hunterhouse.
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