The Property118 incorporation model, a strategy for landlords to incorporate their property businesses, has been the subject of extensive scrutiny, including years of HMRC investigations and a 10-day First-tier Tribunal Appeal hearing. The Tribunal ultimately overturned HMRC’s allocation of Scheme Reference Numbers, leading to their cancellation and the removal of an associated Stop Notice.
Property118 had paused its incorporation-based consultancy for over two years while the Tribunal process was ongoing. With the judicial clarity provided by the Tribunal's decision, the company has now reopened its incorporation-based consultancy services.
The First-tier Tribunal concluded that Property118's activities did not breach the Disclosure of Tax Avoidance Schemes (DOTAS) regulations. The Tribunal recognised that tax advantages may arise when a landlord transitions a property business into a limited company structure, including avoiding Section 24 finance cost restrictions, taxation of future profits at corporation tax rates, and the availability of Incorporation Relief under Section 162 TCGA 1992.
The Tribunal's decision clarified that the existence of these tax advantages did not, in the circumstances of this case, make the arrangements notifiable under the DOTAS regime. It noted that Parliament has enacted statutory reliefs and exemptions to facilitate genuine business reorganisations, and choosing to use legislation as intended is not equivalent to participating in a notifiable tax avoidance scheme.