With the intention of it being a deterrent for corporate ownership, HMRC introduced ATED in 2013What is it?ATED is a type of property tax, payable mainly by companies that own residential property in the UK valued at £500,000 or above.The tax was introduced in 2013 by HMRC with the aim of making it less attractive to purchase a residential property through a company. At the time, many people were doing so to dramatically reduce the amount of stamp duty they paid, or as a way of hiding the true ownership.If your company or LLP owns such property, you could be subject to the Annual Tax on Enveloped Dwellings (ATED). The ATED tax rules also apply to:A partnership with a corporate member(s)A collective investment scheme, such as a unit trust or open-ended investment company.Are there any exemptions to ATED? Let to a third party on a commercial basis and isn’t, at any time, occupied (or available for occupation) by anyone connected with the businessOpen to the public for at least 28 days per annumPart of a property trading business which isn’t, at any time, occupied (or available for occupation) by anyone connected with the businessPart of a property development business, purchased with the intention to re-develop and sell, and isn’t, at any time, occupied (or available for occupation) by anyone connected with the businessFor the use of the employees of the business (for business purposes) and the employees or partners of the employees do not have an interest (directly or indirectly) of more than 10% in the companyA farmhouse occupied by a farmer/farm worker who farms the associated farmland, a former long-serving farm worker or their surviving spouse or civil partner.Owned by the provider of social housingThe following properties are also exempt, because they are not classed as a dwelling:HotelsGuest housesBoarding school accommodationHospitalsStudent halls of residenceMilitary accommodationCare homesPrisonsWhat does it mean for you? If you’re subject to ATED, you’ll be completing an ATED return annually to be submitted by 30th April. If you don’t meet the criteria for exemption, a fixed sum payment will need to be made, which increases depending on the property value. You can find out the relevant amount on our current Tax Rates.The value of your property is taken at 1st April 2012, 1st April 2017, or at acquisition if purchased later. A revaluation must be done every 5 years, so this should have been carried out in April 2017 and will next update in April 2022.If a property is purchased during a tax yearThe first ATED return will be due 30 days after purchase.Where a property is newly constructed or adapted to residential use between the valuation datesAn ATED return will be due 90 days either after the date it is deemed to come into existence for council tax/domestic rating purposes, or the date it is occupied – whichever of the two comes first.If your company owns several properties separate ATED returns must be completed for each exemption that you need to claim.What you need to do:1. Check whether you are within the scope of this regimeThough you may not have been caught by this before, the increasing value of UK property combined with the valuation thresholds for ATED decreasing over the past few years, means that you really should check whether you now fall within the ATED valuation bands.2. Complete your returnMake sure you compile and file your return by the required deadline. Even if you the property in question is exempt from charge, you must still complete a return by 30th April each year to claim the exemption, but you won’t have to pay the associated charge.3. Consider a transferYou may also want to consider taking the property out of corporate ownership ad transferring it to personal ownership. This only applied for those subject to ATED, not those who are exempt, as private ownership may be very costly tax wise.Don’t struggle with this one aloneYou want to be sure that you’re compliant, but also paying the least tax possible. We can review your properties and determine whether the charge affects you and explore the possibilities of changing your ownership structure.Want to find out more?Call us on (01474) 853856 and we will put you in contact with one of our advisers, or send us an enquiry by clicking below. Send us an enquiry Send us an enquiryFill in your details below and we’ll come back to as soon as we can! If your enquiry is urgent, please do give us a call. Your full name*Contact no.*Email address* Business name*Industry / Profession*Your messageOne last thing...*By ticking this box you agree to being contacted via email or phone by one of our Advisers, and for the information you provide us with to be kept securely for future communications in line with the new GDPR Yes, I agree Other posts of interest Guide to completing your Self Assessment Tax Return Read more FRS 102 – The new financial reporting standard for ‘smaller entities’ Read more Why you should consider a SIPP Read more See more articles