Taxes for UK landlords: The complete guide for 2019/2020 - www.hamiltonfraser.co.uk/landlord-insurance
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Taxes for UK landlords: The complete guide for 2019/2020 www.hamiltonfraser.co.uk/landlord-insurance
02 Taxes for UK landlords: The complete guide for 2019/2020 03 Taxes for UK landlords: Total Landlord Insurance Total Landlord Insurance The complete guide for 2019/2020 Property taxes can be a complicated business, especially for new landlords. In the flurry of activity around getting your property ready to rent, choosing a tenant and planning what you’ll do with your anticipated new income, it’s all too easy to forget about tax. Getting on top of capital gains tax, stamp duty, When you buy property - stamp duty corporation tax, expenses and all the other things landlords have to think about can be a minefield. If you buy a property over a certain price in the UK, That’s where this guide comes in. As much as is you are eligible to pay tax. The exact tax you pay humanly possible, we’ll tell you what you need to and the specific value of the property that triggers know and do about the taxes you’ll pay as a landlord, it, will be different depending on your location how to ensure you’re paying your fair share, clarify key and circumstances; and you should always seek terms, and give you the most up-to-date info about all professional advice for personal tax related queries. things tax for 2019/20. In England and Northern Ireland, individuals pay These are only the basic rules. If you’re buying for the higher rate of 40 per cent tax applies to incomes over We can’t guarantee edge-of-your-seat thrills and Stamp Duty Land Tax (SDLT) on residential properties first time, the thresholds for paying stamp duty are £50,000 - and if you make more than £150,000, you spills, it’s tax after all, but we will touch on the most worth £125,000 or more, and on non-residential generally higher, so you may not have to pay. If you’re pay the additional rate of 45 per cent. crucial things you need to know for the coming year properties or land worth £150,000 or more. You must buying-to-let, stamp duty rates are tiered and start As a landlord, you’re entitled to a £1,000 tax-free and beyond. In this guide we’ll address: send an SDLT return to HMRC and pay your SDLT at a lower value than those for other home buyers. In property allowance: if you make less than £1,000 within 30 days of completing the purchase. Your England, the rates look like this: 1. What taxes do landlords pay? a year from letting property, you don’t need to tell solicitor, agent or conveyancer, if you have one, can Property price Buy to let stamp HMRC. If you are self-employed as a landlord - in 2. Tax effective property ownership do this on your behalf, or you can file a return and pay duty rate other words, you don’t run a limited company and you the tax yourself. 3. Property expenses - what you can and can’t claim file a self-assessment tax return - you’re also entitled Property buyers in Scotland pay Land and Buildings £0 - £40,000 0 per cent to a £1,000 tax-free trading allowance. 4. Extra tax savings for married couples Transaction Tax (LBTT) on residential properties £40,001 - £125,000 3 per cent If you make between £1,000 and £2,500 a year from 5. New buy to let tax changes for 2019/2020 worth more than £145,000, and on non-residential letting property, you must make HMRC aware of the properties worth more than £150,000. Scotland also £125,001 - £250,000 5 per cent Bear in mind, this guide is meant as a general fact. If you make between £2,500 and £9,999 after has an Additional Dwelling Supplement, payable on overview of the current tax landscape. For £250,001 - £925,000 8 per cent allowable expenses, or over £10,000 before allowable properties worth more than £40,000. You pay this furthermore in depth personal tax advice tailored expenses, you will need to make a self-assessment if you already own a residential property and buy £925,001 - £1.5 million 13 per cent to your specific requirements and circumstances, tax return and may have to pay income tax. another. All LBTT is paid to Revenue Scotland through make sure you seek professional advice from a tax an online portal. £1.5 million + 15 per cent If you’re filling out a paper form to make your self- specialist. assessment tax return, you must do this by 31 Property buyers in Wales pay Land Transaction Tax October each year. If you’re returning your self- 1. What taxes do landlords pay? (LTT) on residential properties worth more than While you’re letting property - income assessment tax return online, you must do so by 31 £180,000, and on non-residential properties worth tax January each year. Let’s begin by looking at what property taxes exist, and more than £150,000. As in Scotland, there are when they have to be paid. If you make money from letting a property, you may additional charges for residential properties worth have to complete a self-assessment tax return, There are three key moments to think about in the more than £40,000 if you already own a residential depending on your total income. property tax lifecycle. You pay tax when you buy a property and are buying another. You must send an property, every year you let the property, and later LTT return to the Welsh Revenue Authority and pay The rate of income tax you pay varies by income. The expenses you are and aren’t when you sell it. your LTT within 30 days of completing the purchase. In England, from 2019-20, you pay no income tax allowed to claim for are complex: Your solicitor, agent or conveyancer can do this on if you earn less than £12,500 per year. You pay the we’ll cover those later. your behalf, or you can file a return and pay the tax basic rate - 20 per cent of your income - on anything yourself. after that income, up to and including £50,000. The Whether you have a single property or an entire portfolio, we provide comprehensive cover at a competitive price
04 Taxes for UK landlords: The complete guide for 2019/2020 05 You may also have to pay class 2 National Insurance, if You may have heard of ‘letting relief’. This was a you’re running a business and: reduction in capital gains tax for landlords who lived Total Landlord Insurance Total Landlord Insurance in the properties they let out. Letting relief will not be • You make more than £5,965 a year from letting available after April 2020. property • Being a landlord is your main job You may still qualify for private residence relief, however. This is a percentage reduction in capital • You rent out more than one property gains tax, based on the number of years you lived in • You’re buying new properties to let out a property, plus the last eighteen months before you sold it. You can also choose to pay National Insurance payments even if you’re making less than £5,965 a Let’s say you lived in a property for five years, then let year from letting property, to keep your state pension it out for 15. You would get private residence relief for 2. Tax-effective property For self-assessment, all rents and expenses from those first five years, plus the last 18 months - that’s similar properties are pooled together into a single topped up. six and a half years. Six and a half years is 32.5 per cent ownership figure. This means you have to divide your properties, When you sell property - capital gains of the time you owned the property. You’d therefore Managing your portfolio to pay your fair share of tax rents and expenses up along the following lines: tax gain private residence relief on 32.5 per cent of the is not easy. The next step in our tax guide for new • UK rentals - any buy to let or shared house rented When you sell a property that’s not your home - a gain you make when you sell the property. landlords focuses on who has to pay tax, how multiple out on a shorthold tenancy house you bought, renovated, and let out for instance properties and portfolios are taxed, and what happens Corporation tax vs. income and capital if you make a loss. For accurate tax advice tailored • Overseas rentals - any properties abroad let on a - and make a profit, you may be liable for capital gains gains tax to your personal circumstances, always consult a long lease tax. You may also be liable to pay capital gains tax on inherited property. If you choose to do business as a limited company professional. • Holiday lets - homes located within the European rather than as a private individual, you may pay Who pays property tax? Economic Area that qualify as furnished holiday HMRC provide a tax calculator for working out how corporation tax instead of income and capital gains lets. Holiday homes outside the EEA slot into the much capital gains tax you have to pay, if any. The Whoever benefits from owning a property pays the tax. tax. This means you could possibly have to register for overseas rental category calculation is based on the gain - meaning the market Finding that person means following the money and corporation tax, file a corporation tax return, and either value of your property, minus any estate agents’ fees, dividing it between owners, or those who are paid from solicitors’ fees, and the costs of major improvement pay corporation tax or report that you have none to What happens if a landlord makes a pay. it, such as property managers. works (building an extension would be included in the loss? calculation; redecorating would not). However, tax theory and legislation is a complicated Example For tax purposes, you make a loss if your allowable business. If you want to know more, the National Imagine you’re letting out a property and allowing expenses come to more than your rental income As such the level of capital gains tax differs for basic Landlords’ Association runs one day training courses someone else to keep the money in return for during a year. This loss is carried forward to offset rate taxpayers, it is currently set at 28 per cent for about the specific taxes involved - a general course managing the property. Even though you don’t receive against your future rental profits. higher and additional rate taxpayers. for all landlords’ tax issues, and another specifically a penny of rental income, you need to declare this on From April 2019 onwards, non-UK residents have to focused on capital gains tax. You cannot store up losses to use when it suits you - a self-assessment return, indicating where the money pay within 30 days of completing the sale. The same for instance, to avoid becoming liable for higher rate ends up - in this case, with the third party acting as rule will apply to UK residents from April 2020. income tax. You must offset losses against available your agent. profits each year, until they are exhausted. You need to do this to avoid tax mismatches. Property Example owners who pay higher or additional rate income tax sometimes attempt to hide their income and reduce Your property earns £15,000 each year in rent. their tax bills by passing off someone else - a basic In the 2018/19 tax year, your allowable expenses rate taxpayer - as the person who benefits from the come to £18,000, leading to a £3,000 loss for the income. There are ways to do this legally, either by year. You pay no tax that year. transferring allowances within a marriage or civil partnership, or forming a business partnership, but In 2019/20, you bring your expenses under control misrepresenting your tax situation by hiding where the - down to £13,000 - and make a £2,000 profit. The money goes is not one of them. loss from the previous tax year is deducted from your profit. You carry forward a loss of £1,000, and pay no What about landlords with more than tax for 2019/20. one property? In 2020/21, your expenses come down further, to Many landlords have several properties. When this is £11,000. You’ve made a profit of £4,000. Deduct the the case, tax liabilities are considered much the same loss of £1,000 to leave a taxable income of £3,000. as when running any other business. You’re now liable to pay income tax. Whether you have a single property or an entire portfolio, we provide comprehensive cover at a competitive price
06 Taxes for UK landlords: The complete guide for 2019/2020 07 3. Expenses - what you can and What are self-employed landlords can’t claim allowed to claim as income tax Total Landlord Insurance Total Landlord Insurance expenses? As a landlord, you should claim property expenses. Every pound spent on a property reduces profits, HMRC provides a checklist of allowable income tax which reduces your income, which reduces your tax expenses for landlords. Exactly what you’re allowed liability. It’s not tax avoidance - it’s paying your fair to claim will vary depending on whether you’re letting share; no more and no less. a residential property, a furnished holiday let or a commercial property. If you’re self-employed, you’re entitled to a £1,000 tax-free property allowance, and another £1,000 Residential landlords can claim for the day-to-day tax-free trading allowance. However, if you’re claiming expenses of running their properties, including: your £1,000 tax-free ‘trading allowance’, you cannot • Bad debts claim any business expenses. The allowance is there for low income side businesses - chances are that • Business costs like phone calls, travel and running you have more expenses and more income to handle. a home office • Fees for services by professionals like accountants, letting agents, solicitors or surveyors • Ground rent on the property You should only claim tax-free trading allowance if your total • Insurance cover, including for buildings, contents, income from letting property is and rent guarantee between £1,000 and £2,000 a year. • Interest on loans and credit purchases Business costs view new properties, but only if you end up buying the • Repairs to and replacements for the property property. HMRC publishes guidance on allowable expenses for • Services like cleaning or gardening self-employed people. These include: Secondly, staff expenses. You can pay friends, family Landlords can easily overlook rental income that • Utility bills and council tax (while the property is and employees who do not own a share of your they should include in a self-assessment tax return. If • Office, property and equipment unoccupied) property, if they’re doing work related to running you retain money from a deposit to pay for repairs or • Car, van and travel expenses the property. The rate of pay should reflect the cleaning when a tenant leaves, for example, this must Some of these are straightforward, but some - work undertaken - paying your husband £50,000 to be included in your tax return. especially business expenses, interest and repairs - • Clothing expenses keep the books for a buy to let will be treated as tax often trip up new landlords. We’ll cover those in more • Staff expenses Example avoidance. You can also pay for training, as long as detail. • Reselling goods you’re reinforcing existing skills. Buying a book or a You retain £500 from a £750 deposit to clean carpets Bad debts guide on property tax for landlords is an allowable and redecorate after a tenant leaves your property. • Legal and financial costs expense, but signing up for a get-rich scheme for You must add that £500 to the income you declare on Rent arrears are the most likely bad debt for a • Marketing, entertainment and subscriptions property investors is not. your tax return. You must also add it to the allowable property business. expenses you claim on your tax return, by including A debt does not become ‘bad’ just because someone A self-employed landlord can claim some of these - the bills for cleaning and redecoration. owes the money. The landlord must make some the costs of travel with your own vehicle and working The same logic applies if the tenant pays for extra reasonable effort to recover the money, like launching from home - using ‘simplified expenses’. Simplified court proceedings or passing the case to a debt expenses use a flat rate for these costs to avoid You can’t use simplified expenses services throughout the year, like gardening costs, or if you reduce the rent to repay a tenant for the cost collector. Once it’s clear that the debt will not be complicated calculations: they’re by far the easiest if you’re running your properties of a repair they carried out. When you fill in your tax recovered - if the tenant declares bankruptcy, for way to claim expenses. through a limited company, or if return, you still add the full rental income, but you also example - the debt has gone bad, and become a There are some specific things to think about here, as you’re in partnership with one. add the bill for materials and tradesmen paid for by business expense. a landlord. For limited companies that you the tenant as allowable expenses. Firstly, your travel expenses. HMRC does not allow run from home, there are formulas You are the landlord - you benefit from owning the you to claim “regular and predictable” travel between for splitting your bills between property - the tax liability and the book-keeping your home and your place of work. This means you personal and business use. responsibility both lie with you. can’t claim for travelling between your home and your existing properties. You can claim for travelling to Whether you have a single property or an entire portfolio, we provide comprehensive cover at a competitive price
08 Taxes for UK landlords: The complete guide for 2019/2020 09 Fees for professionals You can claim ‘replacement of domestic items’ relief 4. Extra tax savings for married So, to benefit from Marriage Allowance, you must be for things like: married to (or in a civil partnership with) someone These are bills from accountants, agents, solicitors couples Total Landlord Insurance Total Landlord Insurance who does not pay income tax, or whose income is and surveyors. • movable furniture; for example, beds and free- Tax rules concerning married couples are below £12,500 a year. You must also be a basic rate standing wardrobes Costs related to the day-to-day running of the complicated but can enable individuals to shift their taxpayer. It doesn’t matter if you live abroad or are business, like chasing bad debts, evicting tenants • furnishings; for example, curtains, linens, carpets assets between each other in a legal and above- receiving a pension – as long as you have a personal in rent arrears and keeping financial records are and floor coverings board way to reduce their tax bill. allowance for income tax, you can claim Marriage allowed. Costs related to buying, selling or planning • household appliances; for example, televisions, Allowance. applications for a property are not allowed – they are Here we will provide an overview of some of the fridges and freezers ways in which a couple can do this. However, given The person with the lowest income needs to claim part of your capital gains tax calculation when you sell • kitchenware; for example, crockery and cutlery the particularly complex nature of tax relating to Marriage Allowance online. It can take up to two the property. married couples it may be advisable to consult a tax months to process the claim. The person with the Replacement of domestic items relief includes any Interest professional to carry out a full review of your specific higher income will get their new personal allowance sale or part exchange of the old item, as well as any situation. when they send in their next self-assessment tax If borrowed money is spent on business expenses, incidental costs involved in disposal or delivery. return. the source of the borrowing is irrelevant. This allows To claim this relief, you must have bought the item If one of you doesn’t pay income tax: a landlord to buy property business materials on If you both pay income tax: setting up a a personal overdraft or credit card, and claim any for the property, and removed the old one. You Marriage Allowance cannot claim the initial cost of fitting out a residential partnership interest paid as a business expense. Marriage Allowance can work for couples where one property for rental. You also cannot claim the full If you’re both basic rate taxpayers, one option is to Many landlords miss out on the considerable tax person is earning less than the personal allowance, cost of upgrading the item. If you replace a £1000 set up a business partnership. Business partners saving by failing to include borrowings against their (which increased from £11,850 in 2018/19 to £12,500 sofa with a £1200 sofa bed, you’re adding value: share responsibility for any losses the business own home to raise cash for buy to let deposits or in 2019/20) and the other person pays income tax you can claim back the first £1000 cost as you’re makes, any bills the business incurs, and the profits refurbishments. at the basic rate, which in 2019/20 usually means replacing like with like, but the remaining £200 is an from the business – but each partner only pays tax their income is between £12,500 and £50,000. You can only claim the interest - not the actual cash improvement and you can’t claim it. on their share. Setting up a partnership means you The marriage tax allowance went up from £1,190 amount - and you must prove the borrowed money If you’re letting out a fully furnished property, you in 2018/19 to £1,250 in 2019/20. This means the can avoid one person moving into the higher rate for was spent on buying land, property or equipment can claim Replacement Domestic Item relief, which potential tax saving from the higher tax earner’s bill in income tax. for the property business or funding repairs or took the place of wear and tear allowance from 2016. 2019/20 is up to £250. improvements. Under this new scheme, the initial cost of purchasing domestic items for a dwelling house isn’t a deductible expense so no relief is available for these costs. Relief is only available for the replacement item, including: The rules for landlords claiming • movable furniture for example beds, free-standing tax relief on finance costs are wardrobes changing, and the specific • furnishings for example curtains, linens, carpets, amounts you’re allowed to claim floor coverings will get smaller every year until • household appliances for example televisions, 2021. We’ll cover this later. fridges, freezers • kitchenware for example crockery, cutlery You cannot claim the costs of buying property, Repairs and replacements getting it into a rentable condition, or making A ‘replacement’ means replacing or renewing part of improvements. These expenses are part of your the fabric of the property, like a pump for the boiler, capital gains tax calculation when you come to sell a tile for the roof, or a like-with-like kitchen refit. An the property - you had to spend that money to make ‘improvement’ is a substantial upgrade that adds what you did on the sale, so it’s subtracted from your value: an extension, a loft conversion, or replacing gain before capital gains tax applies. a chipboard and Formica fitted kitchen with an oak and granite one. You can’t claim improvements as You cannot claim “regular and predictable” travel expenses for income tax purposes. costs - like journeys between your home and office, or between the properties you already rent. You cannot claim wear and tear allowance on a property you are not letting as fully furnished. Whether you have a single property or an entire portfolio, we provide comprehensive cover at a competitive price
10 Taxes for UK landlords: The complete guide for 2019/2020 11 Example If you might pay higher As a couple, you earn £50,000 from rent. If this is rate income tax: setting up Total Landlord Insurance Total Landlord Insurance one person’s income, they would pay the higher rate a private limited company of income tax – 40 per cent. 40 per cent of £50,000 Private limited companies are legally means a £20,000 tax bill. separate from the people who run them, have If this rent is paid to a partnership, and each partner separate finances from the people who run them, has a 50 per cent share, each partner receives and can keep any profits they make after paying £25,000 in rental income. That only qualifies for the corporation tax. basic rate of income tax – 20 per cent. 20 per cent of The advantage of a private limited company is that £25,000 each is £5,000 each. you can pay yourself a salary within the basic rate The couple’s total tax bill is £10,000. However if the of income tax, and have your partner claim Marriage share of the property is not equal then percentage Allowance, or pay your partner a separate salary. payments and the rules around it will differ. We advise The rest of your profits will be paid as dividends to you contact a property tax professional to assess people with a share in the company. Shares can also 5. New tax changes for buy to let the time they lived in the property plus the final 18 your percentage split. be bought, sold and transferred if you want to bring months. If the changes go ahead, this 18 month relief more members of your family into the company. It’s a landlords period will come down to just nine months. Lettings You’ll need to choose a name for your business way to make sure you don’t end up paying income tax As if buy to let tax wasn’t fiddly enough, the rules relief will also only apply for landlords who lived with (it can’t be too similar to an existing company’s at the higher rate. also change fairly regularly. A range of new measures their tenants while they were renting the property out. name), and choose a ‘nominated partner’ who will be responsible for sending the tax return for the The disadvantage is that it takes more work to set up were introduced in the 2019 tax year for landlords to If these changes go ahead, they will be introduced in business. The nominated partner must register the a private limited company than a partnership. You’ll familiarise themselves with. April 2020. partnership with HMRC. need to choose a company name and registered These include changes to mortgage interest tax relief, Mortgage interest tax relief address, appoint directors and a company secretary, personal allowance, capital gains tax allowance and Both members of a partnership must be registered establish and issue at least one share, and draw up a proposed changes to how capital gains tax is paid on The government began phasing out mortgage with HMRC. Both partners must send their own self- memorandum and articles of association which set rental properties you used to live in. interest tax relief by 25 per cent each year in 2017, assessment tax returns and pay income tax. the rules for running the company. planning to end it completely by 2021. As a result, this It’s a good idea to set up as a limited liability Personal allowance increase is the last year that landlords can deduct the interest It’s only worth doing if you make more than £92,700 partnership (LLP). Partners in an LLP aren’t personally The personal allowance for 2019 to 2020 is paid on their mortgage from their income, although a year in rental income (the basic allowance for two liable for debts the business can’t pay – this keeps increasing from £11,850 to £12,500. The personal they can only deduct 25 per cent of the interest paid. people). you safer in the event that your business struggles in allowance refers to income you earn from your Next year you won’t be able to deduct any. future. property before paying tax on it. A higher allowance Instead, landlords will be given a 20 per cent tax effectively means holding onto more of your profits. credit for all their property finance costs. The aim Because the allowance has increased, so has the of the policy is to increase the amount of tax paid higher-rate threshold. You now have to earn more by higher or additional-rate landlords, who used to than £50,000 before you enter the 40 per cent tax receive generous tax deductions. Basic rate tax- bracket. payers should end up paying more or less the same as before. Capital gains allowance increase As mentioned earlier in this guide, capital gains tax Managing your liability is paid when you sell a property. The capital gains Understanding your own tax liability will help you to tax allowance is the amount of profits you can earn make the most out of your property assets. As we’ve before paying tax. discussed, you pay tax when buying, letting or selling The government is increasing the allowance from a property; you become liable for higher tax brackets £11,700 to £12,000. Anything above the allowance based on the value of the property and your overall limit will be taxed at 18 per cent for basic rate income. Managing your liability is a matter of knowing taxpayers and 28 per cent for higher or additional exactly what you can and can’t claim as expenses. rate taxpayers. While there could be further buy to let tax moves, There are also proposed changes to how capital keeping accurate records of your costs, staying gains tax is paid on properties that you used to live in. abreast of changes and always running your As mentioned earlier, property owners who are selling decisions past a property tax expert will leave you on a second home can claim private residence relief on the right side of HMRC. Whether you have a single property or an entire portfolio, we provide comprehensive cover at a competitive price
For more resources and advice, please go to our website https://hamiltonfraser.co.uk/knowledge/ Total Landlord Insurance Premiere House, 1st Floor, Elstree Way, Borehamwood, WD6 1JH T: 0800 63 43 880 E: enquiries@hamiltonfraser.co.uk www.hamiltonfraser.co.uk/landlord-insurance Hamilton Fraser Total Landlord Insurance is a trading name of HFIS plc. HFIS plc is authorised and regulated by the Financial Conduct Authority. November 2019
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