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Property ownership through an LLP?

Question:

My brother and I both own a buy-to-let each in Birmingham. We would like to join both properties in a limited liability partnership (LLP). What is the best way to do this? 

Arthur Weller replies:  

Assuming that this is a 50:50 partnership, basically you have disposed of half of your property to your brother, and your brother has disposed of half of his property to you. Consequently, both of you will be subject to capital gains tax (see tinyurl.com/yc662dh6). With regard to stamp duty land tax (SDLT), see tinyurl.com/yf8csp8h). Since per CTA 2010, 1122-1123 (see HMRC’s Stamp Duty Land Tax manual at SDLTM33410) you and your brother are deemed 'connected', the 'sum of the lower proportions' calculation should result in no SDLT to be paid. 

My brother and I both own a buy-to-let each in Birmingham. We would like to join both properties in a limited liability partnership (LLP). What is the best way to do this? 

Arthur Weller replies:  <>

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This question was first printed in Tax Insider in May 2023.