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Property

Let properties – Interest Relief Restriction

The proportion of finance and interest charges which can be deducted from residential property income is gradually being reduced to nil as follows:

Tax Year in which interest is paidProportion of finance charges
deductible
2017/201875%
2018/201950%
2019/202025%
2020/21 and laterNil

The landlord will have a tax credit (20% x blocked interest) that reduces his income tax bill. This 20% rate applies irrespective the landlord’s actual marginal tax rate.

Some landlords will get a nasty shock when they see their tax bill for 2017/18 is much higher than what they paid on a similar level of profit for 2016/17.  Their tax bill for 2018/19 may be even higher.

There are four ways out of this bind, but they all require careful thought around the knock-on tax implications;

  • Sell some residential property and reduce the level of debt for the remaining property business.
  • Let the property in such a fashion so it qualifies as furnished holiday lets for tax purposes.
  • Sell all residential property and reinvest in commercial property.
  • Transfer the let properties to a company controlled by the landlord.

Some landlords have no debt in their property businesses, and they are not affected by the interest and finance restrictions.

However, individual landlords (of all types of property), should draw up their accounts for 2017/18 using the cash basis for landlords (different to the cash basis for trading businesses).

Where the total receipts of the property business exceed £150,000 for the tax year, the cash basis should not be used, and GAAP accounting can be used instead. Any individual landlord can elect to use GAAP accounting rather than the cash basis, by ticking a box on the 2017/18 tax return.

We can help you advise your clients on restructuring, but time is running out for residential property businesses which are supported by large mortgages.

By Stephen Burwood

Stephen is recognised in the Tax and Accountancy world as an expert in Transactional Tax.
Stephen offers advice on Corporate reorganisations, sales and disposals ,EIS / SEIS, Share Schemes and Property Portfolios including SDLT.
He is commercially aware and always offers advice in a commercial and pragmantic way.

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