Updating post from Reddit.

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QUESTION
Posted by LucrativeThinking 3 weeks ago
Hit with a massive 8% ADS charge

Hi all,

Looking to purchase my first property through a Ltd company, will also be the first ever property I purchase in my name.

The numbers all worked out and had an offer accepted before learning about a massive 8% charge on the property value, which is brutal.

It's adding nearly £45k to the purchase price and the numbers look a lot less attractive now.

How have you guys deals with ADS before? Is there any way to avoid it?

Thanks in aavance.

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Posted by sinkingupman 3 weeks ago

ADS will apply despite you not owning a property because you're buying it through a company.

Here's the example:

Orange Limited currently operate out of rented premises. The company decides to purchase a dwelling to generate buy-to-let income jointly with Blue. Blue does not own any properties. At the end of the effective date, the company owns only one dwelling. However, as long as the relevant consideration for the transaction is £40,000 or more, each purchase of a dwelling that a company makes is subject to the ADS. Therefore, the ADS will apply. Despite not already owning a property, Blue would be jointly responsible for paying the ADS as they are jointly buying property with a company, for which the ADS will always apply.

If you buy it in your personal name and you don't own any other property then it won't apply.

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Posted by LucrativeThinking 3 weeks ago

Ok thanks, that’s a shame.

Obviously purchasing in my personal name is out of the question because the income would be taxed at 40% given I’m already in the higher rate tax paying bracket because of my job.

Appreciate the help.

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Posted by artcopywriter 3 weeks ago

So you tried to avoid tax and it didn’t pay off.

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Posted by LucrativeThinking 3 weeks ago

Hardly tax avoidance it’s more tax planning.

And it is going to pay off because paying 19% in the long run is better than paying 40% but saving this £45k.

Thanks for your contribution though.

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Posted by oldvlognewtricks 3 weeks ago

Tax planning is literally the PR-sanitised word for tax avoidance.

Just as insightful as arguing for ‘expatriate’ so you don’t have admit you’re an immigrant.

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Posted by LucrativeThinking 3 weeks ago

Tax avoidance is illegal, this isn’t.

Go and cry in the corner by yourself about it.

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Posted by SchoolForSedition 3 weeks ago

Tax avoidance is not illegal.

Tax evasion is illegal.

Very aggressive tax avoidance may not work, in that if HMRC thinks you did something just to avoid tax, rather than doing something in a way that was advantageous for tax purposes, they can charge you the tax anyway, but neither side would want to call that evasion.

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Posted by BevvyTime 3 weeks ago

Tax evasion is illegal.

Tax avoidance isn’t. It usually has to be declared though. And can however be retrospectively claimed back by HMRC at any time.

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Posted by Omega_scriptura 3 weeks ago

So an ISA is tax avoidance? Pension tax relief?

Fool

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Posted by bigjohnnyswilly 3 weeks ago

Doofus . Tax rules and allowances are in place and legal . Eg If someone wanted to sell some shares , and had a £22k gain. It would make sense to sell over two tax years and use the personal cgt allowance rather than pay tax on the gain over the annual cgt allowance. This isn’t tax avoidance.. it’s using the allowances in a smart way. Your whole mentality smacks of someone who has zero entrepreneurial intelligence.

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Posted by ragnarokcock 3 weeks ago

only retards pay more tax than they need to.

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Posted by Soliquoy2112 3 weeks ago

It’s a brutal tax. Was 3% when I bought rental properties and I thought that was harsh ! Won’t be buying any more but that was their plan all along.

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Posted by LucrativeThinking 3 weeks ago

Yeah, makes life very very difficult.

This is also an Airbnb which in itself is rite with issues and government guidelines making it more expensive than a traditional BTL.

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Posted by chabybaloo 3 weeks ago

Is ADS only in Scotland?

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Posted by Soliquoy2112 3 weeks ago

Yes it’s set by the Scottish Government. Was introduced by the Greens when they were in coalition with the SNP.

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Posted by mysticplayer888 3 weeks ago

Exemption for ADS does apply where 6 or more properties are involved in a single transaction. Scot gov website:

> When six or more separate dwellings (involving the transfer or purchase of a major interest) are the subject of a single transaction they are treated as non-residential property.

But this won't apply to you in this case. The game is rigged against amateur landlords in favour of institutional investment. You just have to bite the bullet or pull out.

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Posted by LucrativeThinking 3 weeks ago

Incredible hahahaha.

What am I thinking not having millions in the bank, eh. Quite embarrassing for me.

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Posted by mysticplayer888 3 weeks ago

I know... This is good news for higher earners with liquidity and looking to diversify investments. This has been the trend for some time now unfortunately.

Edit: I suppose this is also good for those with a portfolio of 6 or more properties and are looking to sell. I heard it's a pretty common exit strategy since the buyer will likely make a more attractive offer to purchase all 6 to save tax.

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Posted by FreeTheDimple 3 weeks ago

No. And you really should have known about it before making an offer. And your property lawyer should have made you aware before you made an offer. Either pay it or pull out of the deal.

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Posted by Numerous_Age_4455 3 weeks ago

Stop being a tax dodger and pay your fair share, leech.

Mao was right.

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Posted by LucrativeThinking 3 weeks ago

It’s called doing business, costs like that make it difficult to make a return.

If you don’t understand that then you’re in the wrong place, moron.

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Posted by Numerous_Age_4455 3 weeks ago

Good.

Any act that makes you lose money is good.

May the Labour government put a 200% tax on rents next.

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Posted by LucrativeThinking 3 weeks ago

I work a blue collar job like you, have saved up enough to invest in one single property.

Meanwhile, if I were to buy 6 properties at once like the actual rich people can & do, I’d curtail the cost entirely.

But yeah, I’m the bad guy who should get a 200% tax on rents.

What a sad little life you live my friend.

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Posted by uklandlords-ModTeam 3 weeks ago

This is a community for Landlords. You can be anti-landlord in other places like /r/HousingUK/

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