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Frequently Asked Questions
Indeed, it's of utmost importance. If you are already filing a self-assessment tax return, you must include the property income pages. If you've never filed one before, you need to report this new income source to HMRC by 5 October following the end of the tax year, which ends on 5 April. Failure to do so may result in penalties or, in extreme cases, legal action if you don't disclose your income promptly.
It's logical to assume that if HMRC remains unaware of your income (except for tax-exempt savings and ISAs), failing to declare this income could be seen as tax evasion if discovered later on.
Indeed, HMRC possesses an extensive array of powers and resources. A case in point highlighting HMRC's ability to uncover undisclosed rental income can be found in an article published in The Guardian on May 29, 2007.
If the property is solely in your name, any net rental income generated from it will be subject to taxation solely under your name.
In the case of joint ownership with your partner, any income derived from the property will be evenly divided between both of you, typically in a 50:50 split. Each of you will be individually liable for tax in this scenario.
Assuming a gross monthly rent of £600 before expense deductions, your taxable rental income can be calculated by subtracting relevant property-related expenses. These expenses can encompass various items, including:
- Mortgage interest and finance costs (restricted to the basic income tax rate for most residential properties).
- Maintenance and repair expenses.
- Charges for property-related services.
- Fees levied by letting agents.
- Payment of several utilities on behalf of the tenant, such as electricity, gas, water, and council tax.
- Insurance costs for both the property and its contents.
If your allowable expenses surpass the rent you receive, you won't owe taxes on the income generated. You can carry forward any annual losses incurred from renting your property and offset them against future profits.
Consider the scenario where you solely own the property, earn £25,000 annually from employment, and have taxable rental profits of £100 per month, equivalent to £1,200 per year, after accounting for expenses. In this example, your rental profits, which amount to £240, would be subject to taxation at a lower rate, approximately around 20%.
It's advisable to set aside this amount to cover your tax obligations, especially if your income levels are higher, as your effective tax rate may exceed 20%
A straightforward response is that it's not possible.
You can freely rent to anyone, but renting below market value delays offsetting losses against other profits. Carry losses forward for future use.
Certainly, under specific circumstances, the answer is affirmative. Various ownership structures exist, and prior to deciding to embark on this course, it is prudent to take the following into consideration.
Different Ownership Structures in England and Wales
Sole Ownership
Property owned by a single individual incurs income and capital gains tax solely on that individual. For tax purposes, income and gains cannot be distributed or shared.
Joint Ownership
In this scenario, the property is jointly owned, and if one owner passes away, the surviving owners inherit the property. When a property is owned jointly, the last surviving owner becomes the sole owner before any provisions in a will can apply. Income and capital gains are distributed equally among all joint owners because they all have an equal entitlement, and there is no option to allocate income differently. It is advisable to consult with your solicitor when purchasing a property jointly to confirm the specifics of the joint ownership.
Common Ownership
An individual owns a portion of the property, which may be divided equally or in varying proportions. When a tenant passes away, their share becomes part of their estate, subject to distribution according to their will or intestacy laws. In cases where a property is owned by individuals who are not married or civil partners, income and gains are divided proportionally. However, married couples or civil partners are considered to have equal income for tax purposes, regardless of beneficial ownership, unless they both sign a declaration confirming an alternative income split based on beneficial ownership of income and property.
Here are some strategies to potentially reduce capital gains tax liability based on the aforementioned ownership structures:
Transferring a property into joint names prior to selling it is advisable if one spouse owns the property individually, and the other spouse has not yet utilized their CGT (Capital Gains Tax) exemption. Timing is crucial for this transaction, as HM Revenue and Customs may scrutinize it if it occurs shortly before the sale. Additionally, it is essential to ensure that each spouse's tax return accurately reflects income received after the property transfer, which may lead to increased tax payments. Furthermore, the property transfer into joint names must be legally executed.
In most cases, no. Typically, losses from rental income can only be carried forward to offset against future profits. However, if the loss is a result of excess capital allowances in commercial lettings or specific agricultural expenses, it may be eligible for deduction against other income.
We have written a must-read article on this topic – essential for any property owner, regardless of their property portfolio size: Deductible Expenses Against Rental Income.
In short, material costs are deductible, and travel expenses related exclusively to property renting are allowable. However, time spent working on the property cannot be deducted.
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