Can a director live in a property owned by their company?

If you, as a director/shareholder of a limited company, live in a residential property owned by your company, there are significant tax consequences for both you personally and for the company.

Although you can live in it, it’s not tax-efficient, and there are complex tax implications. HMRC treats this as a Benefit in Kind (BIK) to the director.

For the Director (You, Individually):

Benefit in Kind (BIK): HMRC considers your use of the property as a “benefit”, and you’ll be taxed on it as if it’s part of your salary.

The value of this benefit is based on:

  • The annual value of the property (commonly market rent), or
  • A specific HMRC calculation for “living accommodation”.

This BIK is added to your income and taxed via PAYE or self-assessment.

For the Company, the company pays Class 1A National Insurance Contributions (NICs) on the BIK at 13.8%, it cannot claim mortgage interest or property running costs as a business expense unless rent is charged at market rate and it must complete P11D forms and report to HMRC.

EXAMPLE SCENARIO

  • Property Value: £400,000 , Market Rent: £24,000/year (£2,000/month), Director Lives in Property Rent-Free, Company Owns Property

HMRC calculates BIK for living accommodation like this:

If the property costs more than £75,000, BIK = Annual Value (e.g. market rent) + Additional Charge (based on cost of property)

1. Annual Value (Market Rent) = £24,000
2. Additional Charge (only if property > £75,000):

  • Formula: (Cost – £75,000) × Official Interest Rate
  • Assume cost = £400,000
  • Excess over £75,000 = £325,000
  • Official interest rate (2025/26 assumed) = 2.25% (subject to change annually)
  • Additional charge = £325,000 × 2.25% = £7,312.50

Total benefit in kind = £24,000 + £7,312.50 = £31,312.50

Tax payable by director assuming you’re a higher-rate taxpayer (40% bracket) would be BIK tax of £31,312.50 × 40% = £12,525/year, if you are a basic rate taxpayer, its £6,262.50/year

The company would pay BIK tax 13.8% × £31,312.50 = £4,322.13/year

Company also cannot deduct BIK-related property costs and this would need to be reported on a P11D for you

Pros and Cons of Director Living in Company-Owned Property

ADVANTAGES

AdvantageExplanation
Asset ProtectionProperty is under company, not personal name
Capital PreservationCan use company funds instead of post-tax personal funds
Possible use of company’s surplus cashRather than extracting cash (and paying income tax) to buy personally

DISADVANTAGES

DisadvantageExplanation
BIK TaxationDirector pays tax as if it’s additional income
Company Pays NICs13.8% Class 1A NIC on the BIK value
No Mortgage Interest ReliefInterest isn’t deductible unless let commercially
No CGT Allowance on SaleOn eventual sale, company pays corporation tax on gain, then you pay dividend tax to extract funds
No Private Residence ReliefUnlike owning personally, no PRR available for CGT if sold with gain
Complex adminRequires P11D filing, payroll entries, company accounting for benefit and NICs

ALTERNATIVE OPTIONS

Option A: Charge Market Rent, You (director) pay £2,000/month to the company, no BIK arises as you’re not receiving a benefit, the company then pays corporation tax on the rental profit, thus avoiding personal BIK tax — but pay from post-tax income.

Option B: Buy personally instead, using salary/dividends to buy it, therefore can claim Private Residence Relief on CGT, avoiding BIK, NICs, and admin complications, but you’ll pay income/dividend tax to extract funds from the company to fund the purchase.

If you would like any further help please get in touch

This information is correct as of 31.10.25

CONTACT US

You can contact us by ringing 01494 911 361, email us on info@dd-ca.com or contact us via the website www.dd-ca.com for more information.