Why Transfer Property into a Limited Company?

Enveloping property (moving property you own personally into a company) is an increasingly common strategy among property investors for reasons such as:

• Tax advantages: Companies can often deduct property expenses, and profits are taxed under Corporation Tax rather than higher personal Income Tax rates.

• Mortgage interest relief: Individuals have lost full mortgage interest relief on buy-to-let properties, whereas companies may still benefit more favourably.

• Inheritance & succession planning: Transferring property assets into a company allows flexibility, such as gifting shares rather than property itself.

Our Legal Services for Transferring Property into a Limited Company

Attwells Solicitors provide a full legal service for transferring property into a company, including:

• Reviewing title deeds, leases, existing mortgages, and any third-party rights
• Preparing and executing transfer deeds and associated documentation
• Working with lenders to arrange new or replacement commercial buy-to-let financing, including mortgages held in the company’s name
• Ensuring compliance with Land Registry, Companies House, and lender requirements
• Handling registration of transfers and legal charges

How much does it cost to transfer a property into a company?

We offer transparent legal fees. Our quote includes:

• Reviewing the title
• Drafting the transfer deed
• Obtaining a redemption statement and redeeming current mortgage (if applicable)
• Obtaining and reviewing leasehold packs (if applicable)
• Registration of the transfer with any third parties including landlords (if applicable)

If you require finance, your quote will also include:

• Reporting on your finance offer and legal charge, and arranging the drawdown of your mortgage funds
• Registering the transfer at the Land Registry
• Registering the charge at the Land Registry and Companies House

Excluded: tax advice (we can refer you to specialist accountants), SDLT or Land Registry fees, and any work not specified. Acting for overseas companies may carry additional fees.

Timescales

Typically, the process takes six to eight weeks from instructing us, assuming no unexpected complications with finance, title, or third-party consents.

Why Choose Attwells Solicitors?

• We are specialist conveyancing and property solicitors with experience in property transfers into limited companies.
• Based in Ipswich, Colchester, London, and Woodbridge, we serve property investors throughout Suffolk, Essex, London, and beyond.
• We offer clear, plain-English advice and strive for transparency in fees, timelines, and obligations.
• Whenever needed, we can assist with or coordinate relevant financial or tax advice through our trusted partners.

Frequently Asked Questions

Do I pay Stamp Duty when transferring to my own company?

Yes — unless you qualify for an exemption, SDLT is usually payable on the market value of the property being transferred.

What is incorporation relief?

Incorporation relief may allow you to defer or reduce Capital Gains Tax liability when transferring your property business into a company. Specialist advice will tell you whether you qualify.

Will I need a new mortgage?

Often yes — many personal buy-to-let mortgages don’t allow transfers to companies. You’ll likely need a commercial or company buy-to-let mortgage, and possibly provide personal guarantees.

Can I transfer a mortgaged property into a company?

Yes, but the mortgage cannot simply be transferred from you to the company. In most cases, the existing mortgage will need to be redeemed and the company will need to obtain a new mortgage in its own name.

Your lender’s consent may be required, and additional costs may apply. If you are considering transferring a mortgaged buy-to-let property into a company, it is important to speak with both a mortgage adviser and a solicitor at an early stage.

How are profits taxed once the property is in the company?

Profits are taxed under Corporation Tax. Distributions from the company (e.g. dividends) may then incur further tax when paid to shareholders.

Is Capital Gains Tax payable?

Potentially. A transfer of property from an individual to a company may trigger Capital Gains Tax, even if no money changes hands. This is because HMRC generally treats the transaction as taking place at market value.

Depending on your circumstances, reliefs may be available, but these are subject to strict rules. We recommend seeking advice from an accountant or tax adviser before making any decisions.

What are the ongoing administrative obligations of a property company?

These include annual accounts, confirmation statements to Companies House, company law duties for directors, etc.

Can I transfer multiple properties at once?

Yes. Property investors and landlords often transfer entire portfolios into a company as part of a wider restructuring strategy. Each property will need to be reviewed individually, and there may be tax, mortgage and legal considerations that apply to the portfolio as a whole.

Our team can assist with both single-property transfers and larger portfolio transactions.

Can I transfer a property to an SPV?

Yes. A Special Purpose Vehicle (SPV) is a limited company established for a specific purpose, such as owning and managing investment property. Many landlords choose to transfer properties into an SPV company, particularly where they intend to build or hold a property portfolio.

The legal process is broadly similar to transferring a property into any other limited company, although tax and financing considerations should be reviewed beforehand.