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bigduckontax, Accountant
Category: Tax
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I am asked to form a LLP with 2 other names, if a bank is to

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I am asked to form a LLP with 2 other names, if a bank is to grant me a loan to build;
The bank wishes to reduce its' risk in the event of my death;
I am offering the deeds of a property as colateral;
I assume the bank wants me to conveyance the property to the LLP;
What are the implications with respect to Capital Gains Tax, Inheritancce Tax and Income Tax ?

Hello, I'm Keith and happy to help you with your question.


As you may be aware LLPs are separate persons in law, but for tax purposes the members are treated as individuals. A further complication is new legislation which will treat individual members of LLPs as employees not as self employed with significant effects on individual taxation positions and lay the LLP open to have to make employer's contributions to NI and operate PAYE also. Companies are of course taxed under the Corporation Tax regime although their Directors are employees and they operate PAYE also.


If you convey the property to the LLP and it is not your sole or main domestic residence then any gain would be assessed for Capital Gains Tax (CGT) on you personally. You have an Annual Exempt Allowance (AEA) of 11K to offset this gain. When the LLP ultimately disposes of the property another chargeable event to CGT would arise, but on your share of the further gain only. Such gains are taxed at 18% or 28% or a combination of the two rates depending on your personal income including the gain (after deducting the AEA) in the year of transfer.


For Inheritance Tax your share of the LLP would be included in your assets at death and subject to a flat rate tax of 40% on amounts in excess of 325K.


I do hope I have helped throw some light on your question.

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