17 Jun Taxation rules for Landlords: an update
If you’re renting out your property and you’re unsure about your tax obligations, we’ve put together some of the key facts to help you. Rules on paying tax when renting out your property can be quite complicated, and they’re updated regularly, but our comprehensive guide can help explain these complex rules.
Paying Income Tax
When you start renting out property, you must tell HM Revenue and Customs (HMRC) as you may have to pay Income Tax. If you don’t, you could be charged a penalty. If you owe tax from previous years, then it’s best to contact HMRC directly. If you do, the .Gov.UK website states that they may consider your case more favourably.
Any profit you make from renting out a property is part of your income, and as such, is subject to Income Tax. The amount of tax you pay on this is subject to your total taxable income. If you pay the basic rate of tax then you’ll pay 20%, while if you’re a higher rate taxpayer, you’ll pay 40%, and if you’re in the additional rate bracket you’ll pay 45%. It’s also worth noting that as of 6 April 2016, you may pay a different rate of Income Tax to the rest of the UK if you live in Scotland.
If you’re eligible, you may also be able to claim Income Tax reliefs, which means that you either pay less tax to account for the money you’ve spent on specific items or get your tax repaid. Sometimes you get these tax reliefs automatically, but there are others you must apply for to be eligible.
In order to calculate your costs, it may be worthwhile setting up a separate account for your rental income. This way, it will stop your various revenue streams from becoming confused, and it may also be easier for you to work out your profit, expenses and other forms of income. It’s vitally important to remember that only profits from renting your property are liable for income tax and that to calculate your profits, you’ll have to deduct “allowable expenses” first.
Calculating “allowable expenses”
As you calculate your expenses, you need to know the difference between revenue and capital expenses.
Revenue = revenue expenses relate to the day-to-day running and maintenance of the property and can be offset against an income tax bill.
Capital expenses = expenses that’ll increase the value of the property such as renovations. These can’t be deducted from your income tax bill, but you may be able to offset them against Capital Gains Tax.
Any costs that are deemed to be essential to you performing your duties as a landlord can be offset against your rental income, significantly reducing your tax liability. Allowable expenses are things you need to spend money on as part of the day to day running of the property, including:
- Any letting agents’ fees
- Legal fees for a year or less, or for renewing a lease for less than 50 years
- Accountants’ fees
- Buildings and contents insurance
- Interest on any property loans you may have taken out
- Money spent on maintenance and repairs (but not home improvements)
- Utility bills
- Rent, ground rent and service charges
- Council tax bills
- Any services you pay for such as cleaning and gardening
- Any other direct costs incurred such as phone calls, advertising or stationary.
If you’re a landlord who’s letting a furnished property then you can also claim 10% of the net rent as what’s known as a ‘wear and tear allowance’. This can be used on any furnishings that you provide to your tenants. For this, the net rent is the amount of rent that you receive, less any costs that your tenant would usually pay such as council tax.
However, in the 2015 summer budget, the Chancellor of the Exchequer, George Osborne announced a slight change to the legislation on “allowable expenses”. Landlords can currently deduct 10% of the rent charged for “acceptable wear and tear”, even if no actual improvements have been made. However, from April 2016, landlords will only be able to deduct expenses they actually incur.
Tax breaks for landlords changed in 2015 summer budget
In the summer 2015 budget, George Osborne announced that tax breaks for buy-to-let landlords would be curbed in order to “create a more level playing field between those buying a home to let and those buying a home to live in”.
As a result of these changes, the amount of tax landlords can reclaim as relief will be capped at the basic rate of tax over the course of a four year period beginning in 2017. This will be the case regardless of whether the landlord is paying the lower or upper rate of tax, meaning that the amount of tax relief that landlords in the top tax brackets receive on their mortgage interest payments will be slashed. This relief is currently estimated to currently cost the Treasury £6.3 billion every year.
As such, relief for finance costs will be restricted to the basic rate of Income Tax as of 6 April 2017. These financing costs include mortgage interest, interest on loans to buy furnishings and fees incurred when taking out or repaying mortgages or loans.
Resultantly, landlords will no longer be able to deduct all of their costs to arrive at their property profits. Instead, they will receive a basic rate reduction from their Income Tax liability. The scheme will be gradually introduced, meaning that:
- In 2017-2018, the deduction from property income (as is currently allowed) will be restricted to 75% of finance costs. The remaining 25% is available as basic rate tax reduction.
- In 2018-2019, this will change to 50% finance costs deduction and 50% given as a basic tax reduction.
- In 2019-2020, this will change again to 25% finance costs deduction and 75% given as a basic rate tax deduction.
- From 2020-2021, all financing costs incurred by a landlord will be given as a basic rate tax deduction.
Overall, it’s hoped that these changes will help make the tax system fairer and ensure that landlords with higher incomes no longer receive the most generous tax treatment. The gradual introduction of the changes over four years from April 2017 should theoretically help landlords adjust. If you need a little extra help, The Telegraph have put together this guide on how the changes will affect you and what expenses you can claim, while they’ve also detailed how to cut this “shock new tax bill”.
Calculating your profits
If you’re looking to work out your net profit for your lettings as a single business then you must:
- Add together all of your rental income from all of your properties
- Add together all of your allowable expenses
- Take away the expenses from the income
If you’re making a loss
If you’re making a loss on your rental properties then you’ll need to deduct any losses from profits and enter the figure on your Self-Assessment form, remembering that your losses can be offset against future profits (by carrying it over to a later year) or against profits from other properties in your property portfolio.
Completing your tax return
Tip: If you complete your Self Assessment tax returns online, you get an extra 3 months to submit
The deadline for online tax returns is midnight of the 31st of January 2016 with payments to be made on the same date. These dates are listed on the Gov.uk website, where you can also find further information about these deadlines and the current tax year. The registration deadline and the paper deadline have now passed for the tax year to April 2015.
Helpful guidance, specifically for landlords, is also provided on this site regarding how you complete your tax return as well as providing further advice and information. It’s very important your tax return is completed accurately and within the relevant timeframes, otherwise you can face penalties. The details of the nature and severity of such penalties can be found on the charity Tax Aid’s website.
A final piece of advice is to speak with other experienced landlords or an accountant about the taxation rules surrounding their rental properties. Their knowledge in this area can be an invaluable source of information to help make sure you’re following best practices.