Interest in Land and Property

As a landlord or a property investor, you are able to claim interest relief by offsetting it against your lettings income. So even if you have an interest-only mortgage or a repayment one you can still claim the interest.Also if you take a personal loan and you use it entirely for the purpose of your rental business, you can claim the interest on the loan as an expense.
Very important to remember is that you can only claim interest against a loan up to the value of the rented property when first let. The capital account cannot be overdrawn.

There is a possibility to re-mortgage for a greater amount and claim this when the additional amount is used for the purpose of an investment property or wholly and exclusively for the business property.
You can claim interest on your mortgage even when your property is empty.You do not have to split the interest on the mortgage if you are genuinely trying to let the property but it is empty because it has not been able to find a tenant. In this case the interest will meet the ‘wholly and exclusively’ test. It will not meet this test if you have not been trying to let the property or you have been using it for private or non-business purposes .
We at Taxfile hope to have captured your interest in landlord tax and if you need to know more about it, feel free to pop in at our Tulse Hill office and speak to one of our tax agents.

Loss Relief with FHL-Before and After

If a taxpayer makes a loss on furnished holiday lettings, he could take advantage of a special relief called Loss Relief.
The way to get this relief is to offset your furnished holiday lettings losses against any other type of income (employment, self employment etc) and so you can immediate take advantage of the relief.
Taxpayers can claim to set their furnished holiday lettings losses against their other general income for either the tax year in which the loss was made or the year before the year the loss arose.Of course another option is to carry the loss forward and offset it against future letting profits. This option is available not only for holiday lets but also for residential ones.

As from 2010-11 tax year , the Furnished Holiday Lettings (FHL) rules will be repealed. Among the changes to take place from 2010-11 is the one related to the Loss Relief.

As a result of this change no loss relief will be available to offset against other type of income from 2010/2011. Only option is to carry forward the loss and offset it against same type of income when a profit is made as with any normal residential lettings case.

Another important change worth mentioning is the fact that "HMRC will now treat the FHL rules as including furnished holiday accommodation elsewhere in the EEA."

That being said you can amend your already submitted tax returns to HMRC so you can take advantage of the reliefs previously only available for FHL in the UK.

You can amend your income tax and capital gains tax returns for the year ended on 5th April 2007 until the end of July this month.The same deadline applies to corporation tax returns for accounting periods ending on or after 31 December 2006. If you want to amend your return for 07/08 tax year then you need to do it by 31/01/2010.

If there is still confusion in relation to loss relief with FHL or the rules to be repealed from 2010/2011 you can visit HMRC website or ask Taxfile's tax accountants for more details.

Commercial letting of furnished holiday accommodation and tax

Commercial letting is defined as 'let on a commercial basis and with a view to the realisation of profits'.
Accommodation is furnished if the tenant is entitled to use of sufficient furniture.

It will generally be necessary to calculate the furnished holiday lettings profit or loss separately from the rest of the rental business.

If a letting is to qualify as furnished holiday letting(FHL)a few conditions should be met:
• the property to be in the UK ;
• property has to be furnished;
• property should be available for holiday letting to the public for at least 140 days a year;
• it should be let commercially for 70 days or more, and
• cannot not be occupied for more than 31 days by the same person in any period of 7 months.
The difference between residential lets and holiday lets is that with residential ones you can claim a certain relief called wear and tear as compared to the holiday ones where you can claim capital allowances.

Capital allowances can include the cost of furnishings and furniture, and equipment such as refrigerators and washing machines.

Another important difference between residential and holiday lettings is that with holiday ones you can offset any loss you make in the year against other type of income.
You may also be able to take advantage of Capital Gains Tax (CGT) reliefs, such as 'business asset roll-over relief'.
For example, if you reinvest within three years in another UK holiday letting property or certain other assets costing the same as or more than you got for the property you have sold, you may be able to defer payment of CGT until you dispose of those new assets.
To work out your taxable profit you deduct your allowable expenses from your gross rental income. These include:
•Letting agent fees (where applicable)
•Legal and accountant fees
•Buildings and contents insurance
•Interest on mortgage payments
•Maintenance and repair costs (but not improvements)
•Utility bills
•Council Tax
•Cleaning or gardening
•Other costs related to letting the property, such as phone calls, advertising and stationery.
Landlords with income from furnished holiday accommodation in the UK are
currently treated as if they are trading for certain tax purposes, as long as they
satisfy the above criteria.
Landlords with income from furnished holiday accommodation elsewhere in the
European Economic Area (EEA) cannot currently qualify for this treatment. They
were treated instead in the same way as landlords of other types of overseas
property, under the property income rules.
The Government has decided it should repeal the Furnished Holiday Lettings rules from 2010-11.

Next week we are going to talk about these changes in more detail.

If you are still confused about lettings in relation to tax, Taxfile's tax agents in South London and accountants in Exeter are here to assist you.

Rent a Room Scheme

If you're thinking about letting furnished rooms in your home, you may want to take advantage of the special Rent a Room Scheme . Under this scheme you can be exempt from income tax on profits from furnished residential accommodation in your only or main home if the gross receipts you get (that is, before expenses) are £4,250 (£2,150 if letting jointly) or less. But you can't then claim any of the expenses of the lettings.
A lodger can occupy a single room or an entire floor of your home. It does not apply if your home is converted into separate flats that you rent out. In this case you will need to declare your rental income to HM Revenue & Customs (HMRC) and pay tax in the normal way. Nor does the scheme apply if you let unfurnished accommodation in your home.
There are certain advantages and disadvantages of using this scheme -Taxfile in South London and Exeter can help you choose the best option according to your specific circumstances. Their tax accountants will work out whether you're better off joining this scheme or declaring all of your lettings income and claiming expenses on your tax return.
The main point to bear in mind is that if you are in the Rent a Room scheme you can't claim any expenses relating to the letting (for example, wear and tear allowance, insurance, repairs, heating and lighting).
If you don't normally receive a tax return and your receipts are below the tax-free thresholds for the scheme, the tax exemption is automatic so you don't need to do anything.
If your receipts are above the tax-free threshold, you must tell your Tax Office - you can do this by completing a tax return and claiming the allowance.

That's all for today. Next week we will discuss, in more detail, the allowable expenses that you can deduct from your lettings income, provided you don't use the Rent a Room scheme.