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Where to hold business premises ― overview

Often premises are not held by the trading entity such as the limited company or a partnership but may be in a different ownership. This can be for many reasons such as protection from the creditors of the company in the event of a winding up, to provide a rental income stream for a taxpayer or because the premises are held by a trust.

How the property is held will have consequences for all of the different taxes and some of these considerations are set out in the Personal or company ownership guidance note.

Although no commercial decision will be taken solely for tax reasons and there will be multiple taxes to consider, this note focusses solely on the IHT consequences of where the property is held. In each