The right answer depends on a number of factors, including tax rates, mortgage costs, plans for future investment, and whether profits will be withdrawn or reinvested.
With frozen tax thresholds, continuing pressure from borrowing costs, and Making Tax Digital for Income Tax beginning to apply to higher-income landlords from April 2026, it is increasingly important to review the ownership structure before buying, selling, transferring or expanding a property portfolio.
Tax treatment of rental profits
Personal ownership
Where a property is owned personally, rental profits are taxed as part of the landlord’s income. This means profits are charged at the landlord’s marginal Income Tax rate, which may be 20%, 40% or 45% depending on their total taxable income.
For individual landlords of residential property, relief for mortgage interest and certain other finance costs is restricted. Rather than deducting these costs in full when calculating taxable rental profit, relief is generally given by way of a basic-rate tax reduction. This can be particularly unfavourable for higher-rate and additional-rate taxpayers, as they may be taxed on profits before finance costs have been fully relieved.
Limited company ownership
A limited company is a separate legal entity. The company owns the property, receives the rental income and pays Corporation Tax on its taxable profits. For some landlords, particularly those already paying higher rates of Income Tax, this can produce a more favourable annual tax position.
One of the key attractions of company ownership is that mortgage interest is normally deductible in full when calculating company profits. Corporation Tax is then charged on the remaining profit, currently at rates between 19% and 25%, depending on the level of taxable profits.
When a company structure may be useful
Holding property through a company may be worth considering where a landlord:
• is a higher-rate or additional-rate taxpaye;
• intends to build a larger property portfolio;
• wants to retain and reinvest profits rather than withdraw them each year;
• has significant mortgage interest costs; or
• wants more flexibility over timing and method of profit extraction.
A group structure, such as a holding company with subsidiary property companies, may also be appropriate for some investors. Depending on the circumstances, a group structure can provide greater flexibility over how funds are retained and reinvested within the group, although the tax position, additional administration, professional costs and compliance requirements need to be considered carefully.
Accessing rental profits
The way profits are accessed is a major difference between the two structures. If a property is owned personally, the position is relatively simple: once tax has been paid, the remaining profit belongs to the individual landlord.
By contrast, profits made by a limited company belong to the company. If the shareholder or director wants to take money out personally, further tax may arise. Extraction is commonly made through dividends, salary, interest on director’s loans, pension contributions, or a combination of these methods.
This means company ownership is usually most effective where profits can remain in the company and be used for future purchases, debt reduction, or wider investment planning, rather than being fully withdrawn every year for personal spending.
Selling the property and Capital Gains Tax
Personal ownership
Where an individual sells a residential rental property at a gain, Capital Gains Tax may be due. Residential property gains are currently taxed at 18% for basic-rate taxpayers and 24% for higher-rate and additional-rate taxpayers. The gain must normally be reported to HMRC, and any tax paid, within 60 days of completion.
Limited company ownership
If a company sells a property, any gain is generally subject to Corporation Tax rather than Capital Gains Tax. This may be beneficial in some cases, but the overall position must also consider how sale proceeds will be extracted from the company.
Transferring an existing property into a company
Landlords should take particular care before transferring a property they already own into a limited company. For tax purposes, the transfer is usually treated as taking place at market value, even if the company is owned by the same person and no money changes hands.
This can create immediate tax costs, including:
• Capital Gains Tax for the individual on any increase in value;
• Stamp Duty Land Tax for the company, usually based on market value;
• legal, valuation, mortgage and professional fees; and
• possible refinancing costs if existing personal borrowing has to be replaced with company borrowing.
Because of these upfront costs, incorporation is rarely neutral. It should be modelled carefully to establish whether any future tax savings justify the immediate tax and administrative burden.
What about existing landlords?
Do not assume that because company ownership would be preferable for a new purchase, an existing personally owned portfolio should automatically be transferred into a company. The tax and refinancing costs of incorporation can fundamentally change the calculation.
Other points to consider
The decision is not purely about annual tax. Landlords should also consider Inheritance Tax planning, Making Tax Digital obligations, borrowing terms, lender requirements, administrative costs, accounting responsibilities and long-term exit plans.
The SDLT position should also be considered before purchasing. The rates and reliefs applicable to residential investment property can materially affect the initial cost of an acquisition, particularly where a company is involved.
For new purchases, the ownership structure should ideally be considered before contracts are exchanged. Restructuring later can be expensive, so early advice can prevent unnecessary tax charges and help ensure the structure supports the landlord’s wider commercial objectives.
Hw we can help
There is no single answer that works for every landlord. The best structure depends on the landlord’s income position, borrowing levels, investment strategy, family circumstances and plans for using or reinvesting profits.
At The Martlet Partnership, we can model the tax consequences of personal and company ownership using your expected rental income, borrowing costs, other income and longer-term plans. This can be particularly valuable before a property is purchased or transferred, when there is still an opportunity to choose the most appropriate structure.
If you are considering buying a rental property or reviewing an existing portfolio, please speak to us before making any changes.
Posted 23/10/26