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Property Investment and Taxation

The Investment

Buy to let can be an attractive opportunity, generating both a regular income (which can cover relevant outgoings) and also the prospect of capital growth or used for capital protection.  Although interest rates are currently low, the rental yield on most rental properties are not as attractive as they once were as an asset class.  Therefore, in our opinion, the likelihood of capital growth should be a serious consideration before undertaking a buy to let investment.

Tax in Rental Income

In the UK, rental income from property is generally taxed as property income under the Income Tax (Trading and Other Income) Act 2005. Landlords must declare the gross rental receipts they receive, which include rent and certain additional payments from tenants (such as services or maintenance contributions). From this, allowable expenses can be deducted to arrive at the taxable profit. Common deductible expenses include letting agent fees, maintenance and repairs (but not capital improvements), insurance, utility costs paid by the landlord, and replacement of domestic items. The resulting net profit is then added to the individual’s other income and taxed at their marginal income tax rate (20%, 40%, or 45%).

 

Importantly, UK resident individuals typically benefit from a £1,000 property allowance, allowing them either to deduct this fixed amount instead of actual expenses or ignore small levels of rental income altogether.

 

A key feature of UK rental taxation is the restriction on mortgage interest relief for individual landlords. Rather than deducting finance costs in full when calculating profits, landlords receive a basic rate (20%) tax credit on their interest and finance costs, regardless of their tax band. This can increase the effective tax burden for higher-rate taxpayers. Additionally, landlords must consider obligations such as filing Self Assessment tax returns, paying tax in advance through payments on account where applicable, and potentially complying with Making Tax Digital requirements as these are phased in. If the property is jointly owned, rental income is usually split according to ownership shares, unless a formal election (Form 17) is made for unequal beneficial interests.

Tax on Sale of a Property

Capital gains tax (CGT) is payable when the property is sold. The tax will be charged on the disposal proceeds less the original cost of the property and relevant legal costs. There are also certain tax allowances / reliefs that can be applied to further reduce this taxable gain.

 

CGT is charged at 18% and 24% for basic rate and higher rate taxpayers respectively, where the property does not qualify for private residence relief. 

From April 2019, a payment on account of any CGT due on the disposal of residential property will be required to be made within 60 days of the completion of the disposal. This will not affect gains on properties which are not liable for CGT due to Private Residence Relief.

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