Specialist Property Solicitors

Transferring Property into a Company

As experienced property law solicitors based in Ipswich, Woodbridge, Colchester, and London, we are ideally placed to help landlords and property investors transfer properties into a limited company. Our team provides clear legal advice on the process, including stamp duty, capital gains tax, and incorporation relief, ensuring your property transfer is handled smoothly and efficiently.

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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 including:

  • 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.

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Transferring a property into a company

Important Considerations Before You Transfer

Before proceeding, there are several issues you should consider. We recommend:

  • Obtaining specialist tax advice from a property accountant — check whether you qualify for reliefs (such as incorporation relief, SDLT exemptions) and how transfer costs compare with long-term benefits.

  • Contacting your mortgage lender early: the loan terms may need renegotiation, or a new commercial buy-to-let mortgage might be required.

  • Understanding cost differences: mortgage interest rates for company mortgages are often higher, and there may be additional legal and administrative obligations.

  • Being aware of the ongoing obligations of owning property in a company: filing annual accounts, confirmation statements, meeting corporate governance duties, personal guarantees (if required), etc.

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Our Legal Conveyancing & Property Transfer Service

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

Costs & Fees

We offer transparent legal fees. Our quote includes:

  • Reviewing Title
  • Drafting transfer deed
  • Obtaining redemption statement and redeeming current mortgage (if applicable)
  • Obtaining and reviewing Leasehold Packs (if applicable)
  • Registration of 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 transfer at Land Registry
  • Registering charge at Land Registry and Companies House

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

Timescales

Typically, the process takes 6-8 weeks from instructing us, assuming no unexpected complications with finance, title, or third-party consents.

Why Choose Attwells Solicitors?

  • We are specialist conveyancing & 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, timeline, and obligations.
  • Whenever needed, we can assist with or coordinate relevant financial or tax advice through our trusted partners.

Frequently Asked Questions

Do I need to pay Stamp Duty when transferring property into a 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.

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.

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.

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