Annual Tax Enveloped Dwelling (ATED) – At a glance

ATED was originally introduced back in 2013 as part of a range of measures to make indirect ownership of high-value residential property in the UK through corporate vehicles – officially termed ‘non-natural persons’ – less attractive to investors looking to avoid or minimise taxes when disposing of their property and driving up the residential property market. The legislation applies to both UK and overseas entities.

For the year 2022/23 companies and other corporate entities, including partnerships with corporate partners, owning a residential property on 1 April 2022 that had a value of £500,000 or more on 1 April 2017 (or purchased for £500,000 or more if purchased between 1 April 2017 and 1 April 2021) will be required to submit an ATED return by 30 April 2022.

The rules have changed since ATED was originally introduced, and properties with a value at 1 April 2017 (previously 1 April 2012) of ≥£500,000, or properties purchased for more than £500,000 since 1 April 2017 will be within the ATED rules from 2018/19 onwards.

ATED Relief and Exemptions

Under certain circumstances relief is available to companies/mixed partnerships resulting in entities not being subject to the ATED charge, but they are still required to submit an ATED return to HMRC.
There are also cases where properties are exempt from ATED, resulting in companies/mixed partnerships not being required to submit an ATED return to HMRC.

ATED Reliefs
ATED relief can mainly be claimed in respect of the following:

• 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 owner.
• Open to the public for at least 28 days a year
• being developed for resale by a property developer
• owned by a property trader as the stock of the business for the sole purpose of resale
  repossessed by a financial institution as a result of its business of lending money
• acquired under a regulated Home Reversion Plan
• being used by a trading business to provide living accommodation to certain qualifying employees,
• a farmhouse occupied by a farm worker or a former long-serving farm worker, and
  owned by a registered provider of social housing.
• Entities exempt for the purposes of ATED:

ATED Exemptions
Here are the main ATED exemptions:

• charitable companies using the dwelling for charitable purposes,
• public bodies, and
• bodies established for national purposes

ATED charge and Property valuation

ATED is a fixed annual charge based on the value of the enveloped property. It is charged by reference to financial years i.e. an annual period running from 1 April to 31 March.
The ATED annual charge for the period 1 April 2022 – 31 March 2023 can range from £3,800 - £244,750 depending on the value of the property and the banding the property falls within.

The ATED return for the tax year 2022/23 must be prepared and submitted using the property values as of 1 April 2017. The new 1 April 2022 valuation date will apply from 2023/2024 for the next five years, up till 2027/2028 ATED year. However we would encourage you to obtain a valuation now.

We are aware post-Brexit the property market was extremely volatile, therefore property prices may have shifted. Some properties may have increased/decreased in value since 1 April 2017, and therefore may move to a higher/lower ATED band, which will affect the ATED charge. Properties that were previously valued below the £500,000 ATED requirement may now fall within the ATED scheme as their value has increased.

It is not necessary for you to have obtained a professional valuation. A valuation from a surveyor or from an estate agent is sufficient, to be able to complete the return.
Any valuation that you provide is your responsibility and if there is a material difference in the valuation that results in an underpayment of tax, you will need to pay the additional tax for this and if necessary any earlier or later years. You might also be liable to interest and penalties on the amount of tax underpaid.

Penalties
HMRC will charge penalties in respect of the late submission of ATED returns (even when there is full relief available) and also for late payments.

Should you have any questions or require assistance on this matter please contact Sara Kang: sara.kang@wardwilliams.co.uk, or contact the office.