Tag Archives: buy-to-let property

Rising Damp? An Attack on Buy-to-Let Properties

Growing up in the 1970’s one of many good memories was the marvellous Leonard Rossiter starring as miserable, disgruntled landlord Rigsby in TV sitcom Rising Damp, my first exposure to the UK rental property market! The series, now a cult classic, reflected a growing attraction in the UK for private property ownership, the popularity of which grew continually throughout 1970’s, 1980’s and beyond to become what is today very big business indeed!

Growth in property ownership has also of course always been strongly supported by Government of all persuasions – to a greater or lesser degree – from Mortgage Interest Relief At Source (MIRAS) on home ownership, introduced by Roy Jenkins as Chancellor of the Exchequer in 1969, to Thatcherite Britain & the Right to Buy policies of the early and mid-1980’s and so on; its popularity can still very clearly be seen every day merely with a quick glance at Daytime TV schedules.

MIRAS has of course long since perished, abolished by Chancellor Gordon Brown in 2000 and dismissed as a ‘middle class perk’, but throughout the following years full tax relief continued to be enjoyed by owners of rental properties and proved most attractive to both new and existing private landlords. Despite faint rumours, therefore, it was still somewhat surprising in his July budget for Chancellor Osborne to announce the effective removal of this favourable tax relief from private landlords!!  Though perhaps by way of concession the relief will not go all at once; rather, it will dwindle away bit by bit over a four year period commencing in tax year 2017/18, each successive year losing a further 25% slice of tax relief thus:

  • 2017/18                75% loan interest qualifies as expense; 25% basic rate tax credit
  • 2018/19                50% loan interest qualifies as expense; 50% basic rate tax credit
  • 2019/20                25% loan interest qualifies as expense; 75% basic rate tax credit
  • 2020/21                NO loan interest qualifies as expense; 100% basic rate tax credit

Hence, as from tax year 2020/21 tax relief on loan interest for private landlords will be restricted to basic rate only.

Following publication of the Finance Bill the manner of its demise has now been confirmed with basic rate relief on loan interest to be given only as a tax credit going forward, rather than being allowed to be offset against rental income as an expense. This difference might at first glance appear cosmetic but will come at some cost to private landlords up and down the country and it will inevitably increase their tax liabilities, and in more ways than one!

If we take by example our typical landlord, Joseph, whose income from earnings and other non-property investments total £40,000 and who also owns a buy-to-let property producing annual rental income of £19,000 after expenses, but before deduction of loan interest in the sum of £10,000.  For tax year 2016/17, his net taxable income amounts to £49,000 (£40,000 plus £19,000 minus £10,000).  At this point, he qualifies fully for Child Benefit (unless of course his spouse or civil partner earns in excess of £50,000!).

With effect from tax year 2017/18, where only 75% of loan interest is fully relievable Joseph, without doing anything, will see his tax liabilities increase even if his (rental) income does not. His net taxable income for the year – on the same income figures – now rises to £51,500 (£40,000 plus £19,000 minus 75% of £10,000).  As a result, if Joseph (or his partner) receives Child Benefit then as the higher income earner for the year Joseph (or his partner) will now suffer Child Benefit Tax Charge, losing 15% of any Child Benefit payments received in the year by claw-back.  That in addition, of course, to higher tax payable on his ‘enlarged’ rental income.

If Joseph’s income – rental or otherwise – were also to increase in tax year 2017/18 and beyond, Joseph would face even higher tax increases and Child Benefit Tax Charge clawbacks.

And it is not just Child Benefit!

Let’s suppose Joseph’s income, other than rental receipts, were not £40,000 but, say, £90,000. For tax year 2016/17 his net taxable income totals £99,000 (£90,000 plus £19,000 minus £10,000) and he qualifies for full Personal Allowances.  In tax year 2017/18 though with no change in income his net taxable income increases to £101,500 (£90,000 plus £19,000 minus 75% of £10,000); Joseph now loses £750 of Personal allowances this year!  and so on …….The effects of this phased reduction in the maximum amount of tax relief on finance costs would see Joseph lose his Personal Allowances as his net taxable income hits and then exceeds the annual threshold of £100,000.

Property rentals and Buy-to-Lets are, and have for some time been, very popular investments for a considerable number of taxpayers, not all of them ‘middle class’. The tax consequences of these proposed changes, however, can only damage its popularity going forward and will no doubt affect the attitudes and priorities of many private landlords up and down the country, with knock-on effects also being felt on social housing requirements and obligations.  The days of such ‘middle class perks’, it seems, are most definitely numbered.

When does a buy-to-let property become a trade?

When a buy-to-let property is sold it would normally attract capital gains tax at 28% (and sometimes a lot less if the property has been the sellers main residence at some point in time). But what would the position be if it was treated by HM Revenue and Customs as a trade rather than an investment activity? A property developer is taxed very differently from an investor. The profit on sale would be taxed as an income profit at income tax rates of up to 50%. In addition, the computation of a capital gain is different from the computation of an income profit and in some instances the income route may actually be beneficial if borrowing costs are very high as interest charges may be offset against trading income but not against the capital gains of the investor.

Whether a business is a trade or investment business will be a matter of fact and can be heavily influenced by the intention of the trader. If a person purchases a property with the intention of quickly doing up the property in order to sell on at a profit then the facts strongly point towards trading activity. On the other hand if the property is purchased with the intention of letting on a long term basis then this strongly points towards investment. Not all situations are clear cut and intentions can change. A property bought for long term letting could turn into a trading project if say it was decided that current market circumstances favoured a quick sale. Alternatively a property acquired as a development project may turn into an investment if once development has finished it is decided to retain the property for long term letting.

A switch from trade to investment or vice versa can cause problems as the movement to or from stock causes a tax point to arise based on market value at the point of sale. This means that tax will become payable at the point of change rather than on sale and at that point there will be no cash proceeds to fund the tax cost.

If you currently have a property which you are letting or developing and would like to talk to us about its trading or investment status or any other tax or accounting issue related to the property then please contact a member of our property team.