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The HMRC has published new guidance over tax avoidance schemes aimed at landlords who have set up a limited company and an accompanying LLP.
The scheme is marketed as a tax planning option available to individual property landlords to structure their property business and transfer the property Title into a Limited Liability Partnership it is sometimes referred to as a hybrid business model.
HMRC’s warns that this scheme does not work as the arrangements are primarily caught by a number of other existing tax measures, and may incur increased tax liabilities and penalties.
The Revenue says any landlord who believes they are in this arrangement and wish to get out can contact HMRC for help.
And it states: “If you’re using this or similar schemes or arrangements, HMRC strongly advises you to withdraw from it and settle your tax affairs.”
In addition, HMRC considers that a property rental business is likely to be within the exclusions from Business Property Relief at s.105(3) IHTA 1984 as it involves the ‘making or holding investments’, and the use of the hybrid business model does not change the availability of the relief here.
Anyone involved in such a scheme is advised to contact HMRC to discuss how they can settle their position by emailing spotlight63@hmrc.gov.uk and to consider taking independent professional tax advice.
The spotlight reminds promoters of the scheme that they must disclose the scheme or face penalties of up to £600 per day
For more information follow the link below
Property business arrangements involving hybrid partnerships (Spotlight 63) - GOV.UK (www.gov.uk)