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Your Property and Tax

       Gordon Fox
       Tax Partner
      01752 301010
  gpf@francisclark.co.uk

       www.francisclark.co.uk
Property - Tax Life Cycle

Purchase (Stamp Duty Land Tax)
Rental (Income Tax)
Sale (Capital Gains Tax)
Death (Inheritance Tax)



          www.francisclark.co.uk
Buying a property
•   Purchase price
•   Legal costs
•   Fixtures & fittings
•   Stamp duty
    –   £0       to £175,000 = 0%
    –   £175,001 to £250,000 = 1%
    –   £250,001 to £500,000 = 3%
    –   £500,001 and over = 4%

                    www.francisclark.co.uk
Buying a property – renovation
• Improvement = capital = no immediate tax
  relief
  – Add to base cost of property (no tax relief until sold)
  – e.g. extension, self-containment etc.

• Tax case law = preparing asset for business use

• Repair = allowable deduction from rental
  income
  – e.g. redecorating, replacement windows

                    www.francisclark.co.uk
Renting your property
• What is subject to income tax?
  – Income less expenditure on an ‘accruals’
    basis (i.e. matched to the relevant period)
• Year end = 5 April
• Deposits = not taxable (unless used to
  cover expenditure)



                 www.francisclark.co.uk
Income tax allowances
£ per year                                  2009-10

Personal allowance (age under 65)            6,475
Personal allowance (age 65-74)               9,490
Personal allowance (age 75 and over)         9,640
Married couple's allowance (aged 73-75)       N/A
Married couple's allowance (age 75+)         6,965
Married couple's allowance - minimum         2,670
Income limit for age-related allowances     22,900


                   www.francisclark.co.uk
Income Tax – rates 2009/10

      £
   2,440    If savings - at 10%
next 34,960
            At 20%
 or 37,400
  37,400+ At 40%
          www.francisclark.co.uk
Allowable income tax deductions
Rent-a-room relief (£4,250)      Legal fees – tenancy
                                 agreements, collecting debts
Letting/managing agents’         Ground rent or service
fees                             charge (if leasehold)
Accountancy fees                 Relevant motor expenses
Advertising                      Repairs & maintenance
Bank & credit card charges       Property investment related
                                 subscriptions
Insurance                        Loan interest
Gardening & cleaning             HMO licences
Telephone (& Text charges)       Use of home as office
                    www.francisclark.co.uk
Allowable deductions - Interest
            on Loans
• Allowed deduction for interest on loans
  used to fund letting business

• Tax relief can be given on interest on
  loans up to 100% of the capital value of
  the property at the time it was brought
  into the property letting business


               www.francisclark.co.uk
Allowable deductions - Interest
               Example
•   Buy-to-let property
•   Cost £100k, mortgage £60k
•   Several years later property value £130k
•   PLANNING: Can increase loan up to
    £100k and obtain tax relief on interest,
    regardless of what the additional £40k is
    used for


                  www.francisclark.co.uk
Allowable deductions -
           Furnished Properties
• No capital allowances available for fixtures or
  equipment in residential property
• If fully furnished, have a choice between:
   – Wear & tear allowance
   – 10% of rent (less some deductions)
• Renewals basis
   – No initial deduction
   – Replacement items allowance



                    www.francisclark.co.uk
Losses
• Any loss arising from property rental by
  an individual can only be offset against
  other property profits, or carried
  forward against future property profits
• Furnished holiday lets = exception
  – Detailed rules
  – Other tax reliefs
  – Cease to exist post 5/4/10

                 www.francisclark.co.uk
Administration

• Notify HM Revenue & Customs of
  commencement of property investment
  business by 5 October following end of
  tax year, e.g. in 2008/09 by 5 Oct 2009
• File your Self-Assessment tax return by
  31 October (paper) or 31 January
  (online) year following, e.g. in 2009/10 file
  by 31 October 2008 or 31 January 2011

                 www.francisclark.co.uk
Administration
• Income tax payable in instalments
• 1st instalment equal to 50% of previous
  tax years liability payable on 31 January
  during the year
• 2nd instalment of same amount payable
  on 31 July after the year
• Balance payable on 31 January after the
  year (with 1st instalment for new year)

                www.francisclark.co.uk
Tax payments – 2009/10

• Year = 6 April 2009 to 5 April 2010
• 1st instalment (50% of 2008/09 tax liability)
  payable on 31 January 2010
• 2nd instalment (50% of 2008/09 tax liability)
  payable on 31 July 2010
• Difference between 2009/10 tax liability
  and above instalments payable on 31
  January 2011

                 www.francisclark.co.uk
Administration

• Business payments support service?
• Tax ‘enquiry window’ is one year after
  submitting return
• HM Revenue & Customs “name &
  shame” policy for tax offenders



               www.francisclark.co.uk
Selling your property
• If ‘trading’ will be subject to Income Tax
  (40%) on sale and not Capital Gains Tax (18%)
• Depends on facts
• Indicators of property trading:
  –   Serial purchaser & seller of property
  –   Buying & selling a property in short period
  –   Buying & renovating, then selling
  –   Providing services connected with accommodation



                    www.francisclark.co.uk
Selling your property
• Capital Gains Tax payable on any gain
• Proceeds on sale less:
  –   Original cost or March 1982 valuation
  –   Improvement expenditure – keep records!
  –   Legal fees
  –   Estate agents fees
  –   Stamp duty costs


                  www.francisclark.co.uk
Selling your property
  – PPR/lettings relief – if lived in property
  – Annual Exemption - £10,100 per person
  – Principal Private residence relief
     •   Period of occupation = tax free
     •   Last 36 months of ownership = tax-free
     •   Letting relief = extra tax-free allowance
     •   Tax planning ‘elections’ (‘flipping’ MP’s!)
• Then taxed at 18%


                     www.francisclark.co.uk
Death
• Inheritance tax payable on the net value of
  your Estate
• Transfers to (UK domiciled) spouse are
  exempt
• £0 to £325,000 charged at 0%
• Transferable ‘nil rate’ allowance
• Excess charged at 40%


                 www.francisclark.co.uk
Inheritance Tax - example
•   Own home, value £500k
•   Investment property, net value £250k
•   Other investments, value £100k
•   IHT liability of married couple, payable
    following death of the survivor = £80,000




                  www.francisclark.co.uk
Disclaimer
These presentation notes are for guidance
   only and professional advice should be
  sought before acting on any information
contained in them. No responsibility can be
 accepted for loss occasioned to any person
as a result of action taken or refrained from
      as a result of reading these notes.



              www.francisclark.co.uk
www.francisclark.co.uk
Your Property and Tax


      Gordon Fox
      Tax Partner
     01752 301010
 gpf@francisclark.co.uk


      www.francisclark.co.uk

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Landlords Your Property and Tax

  • 1. Your Property and Tax Gordon Fox Tax Partner 01752 301010 gpf@francisclark.co.uk www.francisclark.co.uk
  • 2. Property - Tax Life Cycle Purchase (Stamp Duty Land Tax) Rental (Income Tax) Sale (Capital Gains Tax) Death (Inheritance Tax) www.francisclark.co.uk
  • 3. Buying a property • Purchase price • Legal costs • Fixtures & fittings • Stamp duty – £0 to £175,000 = 0% – £175,001 to £250,000 = 1% – £250,001 to £500,000 = 3% – £500,001 and over = 4% www.francisclark.co.uk
  • 4. Buying a property – renovation • Improvement = capital = no immediate tax relief – Add to base cost of property (no tax relief until sold) – e.g. extension, self-containment etc. • Tax case law = preparing asset for business use • Repair = allowable deduction from rental income – e.g. redecorating, replacement windows www.francisclark.co.uk
  • 5. Renting your property • What is subject to income tax? – Income less expenditure on an ‘accruals’ basis (i.e. matched to the relevant period) • Year end = 5 April • Deposits = not taxable (unless used to cover expenditure) www.francisclark.co.uk
  • 6. Income tax allowances £ per year 2009-10 Personal allowance (age under 65) 6,475 Personal allowance (age 65-74) 9,490 Personal allowance (age 75 and over) 9,640 Married couple's allowance (aged 73-75) N/A Married couple's allowance (age 75+) 6,965 Married couple's allowance - minimum 2,670 Income limit for age-related allowances 22,900 www.francisclark.co.uk
  • 7. Income Tax – rates 2009/10 £ 2,440 If savings - at 10% next 34,960 At 20% or 37,400 37,400+ At 40% www.francisclark.co.uk
  • 8. Allowable income tax deductions Rent-a-room relief (£4,250) Legal fees – tenancy agreements, collecting debts Letting/managing agents’ Ground rent or service fees charge (if leasehold) Accountancy fees Relevant motor expenses Advertising Repairs & maintenance Bank & credit card charges Property investment related subscriptions Insurance Loan interest Gardening & cleaning HMO licences Telephone (& Text charges) Use of home as office www.francisclark.co.uk
  • 9. Allowable deductions - Interest on Loans • Allowed deduction for interest on loans used to fund letting business • Tax relief can be given on interest on loans up to 100% of the capital value of the property at the time it was brought into the property letting business www.francisclark.co.uk
  • 10. Allowable deductions - Interest Example • Buy-to-let property • Cost £100k, mortgage £60k • Several years later property value £130k • PLANNING: Can increase loan up to £100k and obtain tax relief on interest, regardless of what the additional £40k is used for www.francisclark.co.uk
  • 11. Allowable deductions - Furnished Properties • No capital allowances available for fixtures or equipment in residential property • If fully furnished, have a choice between: – Wear & tear allowance – 10% of rent (less some deductions) • Renewals basis – No initial deduction – Replacement items allowance www.francisclark.co.uk
  • 12. Losses • Any loss arising from property rental by an individual can only be offset against other property profits, or carried forward against future property profits • Furnished holiday lets = exception – Detailed rules – Other tax reliefs – Cease to exist post 5/4/10 www.francisclark.co.uk
  • 13. Administration • Notify HM Revenue & Customs of commencement of property investment business by 5 October following end of tax year, e.g. in 2008/09 by 5 Oct 2009 • File your Self-Assessment tax return by 31 October (paper) or 31 January (online) year following, e.g. in 2009/10 file by 31 October 2008 or 31 January 2011 www.francisclark.co.uk
  • 14. Administration • Income tax payable in instalments • 1st instalment equal to 50% of previous tax years liability payable on 31 January during the year • 2nd instalment of same amount payable on 31 July after the year • Balance payable on 31 January after the year (with 1st instalment for new year) www.francisclark.co.uk
  • 15. Tax payments – 2009/10 • Year = 6 April 2009 to 5 April 2010 • 1st instalment (50% of 2008/09 tax liability) payable on 31 January 2010 • 2nd instalment (50% of 2008/09 tax liability) payable on 31 July 2010 • Difference between 2009/10 tax liability and above instalments payable on 31 January 2011 www.francisclark.co.uk
  • 16. Administration • Business payments support service? • Tax ‘enquiry window’ is one year after submitting return • HM Revenue & Customs “name & shame” policy for tax offenders www.francisclark.co.uk
  • 17. Selling your property • If ‘trading’ will be subject to Income Tax (40%) on sale and not Capital Gains Tax (18%) • Depends on facts • Indicators of property trading: – Serial purchaser & seller of property – Buying & selling a property in short period – Buying & renovating, then selling – Providing services connected with accommodation www.francisclark.co.uk
  • 18. Selling your property • Capital Gains Tax payable on any gain • Proceeds on sale less: – Original cost or March 1982 valuation – Improvement expenditure – keep records! – Legal fees – Estate agents fees – Stamp duty costs www.francisclark.co.uk
  • 19. Selling your property – PPR/lettings relief – if lived in property – Annual Exemption - £10,100 per person – Principal Private residence relief • Period of occupation = tax free • Last 36 months of ownership = tax-free • Letting relief = extra tax-free allowance • Tax planning ‘elections’ (‘flipping’ MP’s!) • Then taxed at 18% www.francisclark.co.uk
  • 20. Death • Inheritance tax payable on the net value of your Estate • Transfers to (UK domiciled) spouse are exempt • £0 to £325,000 charged at 0% • Transferable ‘nil rate’ allowance • Excess charged at 40% www.francisclark.co.uk
  • 21. Inheritance Tax - example • Own home, value £500k • Investment property, net value £250k • Other investments, value £100k • IHT liability of married couple, payable following death of the survivor = £80,000 www.francisclark.co.uk
  • 22. Disclaimer These presentation notes are for guidance only and professional advice should be sought before acting on any information contained in them. No responsibility can be accepted for loss occasioned to any person as a result of action taken or refrained from as a result of reading these notes. www.francisclark.co.uk
  • 24. Your Property and Tax Gordon Fox Tax Partner 01752 301010 gpf@francisclark.co.uk www.francisclark.co.uk