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Posted Fri, 21 Jun 2024 21:12:57 GMT by Charlotte Internet2253
Hi, I have been advised that it is possible for me to get a buy-to-let (BTL) as personal mortgage and then arrange for my solicitor to set up a Trust Deed showing that I act ‘as an agent’ for the Ltd Co. That way the BTL interest rates are much lower compared to a Ltd Co BTL and I have the benefits of a Ltd Co taxation. Is this a legal loophole? Is it common practice? I can't find any detail online about it. I'm confused because if the mortgage interest is a personal cost, how would it be a tax deductible for by the Ltd Co?
Posted Tue, 25 Jun 2024 15:43:21 GMT by Charlotte Internet2253
In other words is this a legal loophole or is it considered a tax avoidance scheme?
Posted Wed, 26 Jun 2024 10:06:20 GMT by HMRC Admin 20 Response
Hi,
Unfortunately, we are not able to help you with the questions you have asked.
This is because they touch upon financial management and tax planning, which we do not give advice on.
We can only suggest you seek professional advice. 
Thank you.
Posted Wed, 26 Jun 2024 18:48:22 GMT by BellaBoo
Hi, I'm not a HMRC Admin but you wouldn't be able to deduct mortgage interest from Ltd company profits (because as you say, the mortgage is not an expense incurred by the company). You'd likely also need the lenders consent to transfer your interest in the property to the company. I would be surprised if they would agree to it. Plus law has rules around identity of parties to a contract which mean any agency you claimed to be acting under would need to be disclosed to the mortgage company at the time of purchase else youd be acting as principle rather than agent.
Posted Thu, 27 Jun 2024 14:07:49 GMT by HMRC Admin 20 Response
Hi,
Tax loopholes are where the law may not properly provide certainity on the tax treatment which gives individuals and/or companies the opportunity to use ''loopholes'' for the purpose of avoiding tax.  
Our guidance on tax avoidance is covered here: 
Introduction to tax avoidance 
Tax avoidance: detailed information
We can't specifically comment on the circumstances you describe, as to whether these are legal loopholes or tax avoidance schemes 
Thank you.

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