Posts with tag: landlord taxes

Landlord Wins Council Tax Liability Court Case

Published On: November 17, 2016 at 9:34 am

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Landlord Wins Council Tax Liability Court Case

Landlord Wins Council Tax Liability Court Case

A landlord in Leeds has won a Council Tax liability court case, following an appeal by Leeds City Council. The Residential Landlords Association (RLA) has spoken on behalf of all landlords, saying it is pleased with the win.

The Appeal Court made the judgement that landlords are not responsible for paying Council Tax on a property after a tenant has moved out if the tenancy agreement hasn’t expired yet.

The appeal, brought by Leeds City Council, had demanded a landlord to pay Council Tax on five properties for periods when the homes were empty but either the landlord or his tenants had not formally ended the tenancies.

The tenancies in question were contractual periodic tenancies following a fixed term. The Council argued that a single tenancy cannot be both a fixed term and periodic contract. The landlord retaliated, saying that the contract created a single tenancy of six months and thereafter continued as a monthly tenancy. This would have the same effect as a fixed term Assured Shorthold Tenancy (AST), insists the RLA.

Leeds City Council appealed against a High Court rejection of its claim, saying there was no uncertainty of term and that the Council Tax liability remained with the tenant and not the landlord.

The RLA intervened in the case on behalf of all landlords.

David Smith, the Policy Director of the RLA, reacts: “The RLA is very pleased with this decision, which upholds the basic principles of tenure.”

Do you agree with the outcome of the court case?

The RLA has put together a helpful guide for UK landlords on who is responsible for paying Council Tax and when it is due: http://www.rla.org.uk/landlord/guides/liability_for_council_tax.shtml

Following this recent case, you will have the protection against paying Council Tax if your tenant has moved out, but the tenancy has not yet come to an end.

Finance Experts Discuss Their Thoughts on the Forthcoming Autumn Statement

Published On: November 10, 2016 at 10:47 am

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Finance experts from London chartered accountant Blick Rothenberg have discussed their thoughts on the forthcoming Autumn Statement and what the new Chancellor should include in his announcement.

The firm’s Autumn Statement newsroom is now up and running, providing tax commentary, technical analysis and an interview service for journalists before, during and after the announcement on Wednesday 23rd November.

Blick Rothenberg’s experts are already looking at what Chancellor Philip Hammond could, should and shouldn’t do:

Stamp Duty

Nimesh Shah, a partner at the firm, believes that the new Chancellor could reduce Stamp Duty, as well as changing the bands and rates.

Following a rush in property sales in March to beat the 3% surcharge for additional homes, the housing market has slowed, reports Shah. The latest Stamp Duty data also suggests that over 40% of the Stamp Duty raised in the last quarter was subject to the surcharge.

Shah also believes that the current Stamp Duty regime is deterring people from moving house.

Property and buy-to-let

Shah claims that the Chancellor should reverse the proposed interest relief restrictions for buy-to-let landlords, as the additional tax cost is expected to be passed on to tenants. A similar tax policy has recently been scrapped in Ireland, he points out.

He adds that the current tax system should be overhauled, to encourage more movement in the property market.

Genevieve Moore, another partner at Blick Rothenberg, claims the Chancellor should update the principal private resident relief, as it is complicated and outdated, and does not cater for modern living patterns.

She also believes that the main residence nil-rate band should be abolished and replaced with an increase to the nil-rate band to £500,000 per person (or £1m per married couple). She insists that the provisions are complicated and prejudiced against people who do not have direct descendants.

Finance Experts Discuss Their Thoughts on the Forthcoming Autumn Statement

Finance Experts Discuss Their Thoughts on the Forthcoming Autumn Statement

Moore also says that the Chancellor should abolish the 8% Capital Gains Tax surcharge on residential property disposals, so that capital gains are taxed at 20%, and that new measures could be introduced to prevent people from incorporating their property portfolios into companies.

Affordable housing 

Frank Nash, also a partner at the firm, believes that Hammond should use the tax system to boost the supply of affordable housing, by introducing capital taxation reliefs to incentivise landowners and developers to assist local authorities in meeting their affordable housing targets.

Pensions

Shah states that Hammond could reduce the pension annual allowance from £40,000 to £20,000.

However, Moore believes that he should scrap the pension annual allowance and lifetime allowance, to encourage people to save for their retirement, and instead introduce a cap on the amount that can be drawn tax-free on retirement.

VAT

Alan Pearce, VAT partner at Blick Rothenberg, says that the Chancellor should re-introduce postponed accounting for import VAT. This would allow businesses to offset import VAT via their quarterly VAT returns, rather than having to pay it at the point of importation and claim it back up to three months later, he explains. He believes that this would be a significant administrative easement and would assist cashflow for UK businesses that import goods. Although it would bring a one-off cashflow hit, the Government’s revenues shouldn’t be affected.

He claims that this would allow the UK to compete on an equal footing with other EU countries, notably the Netherlands and now France (who adopted the treatment from 1st October). The countries that operate a postponed accounting regime often promote it as an incentive to do business there, rather than the UK, he warns. This would therefore become more important in the run-up to Brexit and beyond.

Investment 

Moore believes that Hammond should fix the Annual Investment Allowance at £500,000 and keep it fixed for five years, to encourage businesses to spend and invest in capital projects.

Non-domiciled individuals 

Shah claims that the Chancellor should postpone any changes to non-domicile legislation until the full effect of Brexit is understood. The non-domicile taxation regime has been a cornerstone of the UK’s tax legislation for decades and Britain’s attractiveness as an international centre, he explains. There is a compelling argument to refresh and modernise the regime, but the timing of doing this now does not seem appropriate, he adds.

Brexit

The firm believes that the Government shouldn’t make any changes to the tax legislation until the Brexit strategy becomes clearer.

However, it points out that the Chancellor has been considerably less vocal than his predecessor, George Osborne, in the weeks running up to the Autumn Statement, which could suggest a move to a more quiet announcement.

Traditionally, the Autumn Statement was used to provide a status update and set the scene for March’s Budget. Osborne’s time as chancellor brought more attention to the announcement, by using it to introduce new measures as well.

We will continue to keep you updated on the forthcoming Autumn Statement at LandlordNews.co.uk and on social media.

Tax Hikes on Landlords Won’t Help First Time Buyers, Says the Public

Published On: October 25, 2016 at 8:27 am

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Tax hikes on landlords will not help first time buyers get onto the property ladder, according to members of the public.

Tax Hikes on Landlords Won't Help First Time Buyers, Says the Public

Tax Hikes on Landlords Won’t Help First Time Buyers, Says the Public

Less than 20% of the public believe that higher taxes for landlords will help aspiring homeowners buy their first property.

These figures come from a survey conducted by YouGov for the Council of Mortgage Lenders’ latest publication, Homeownership or Bust?

Of those that said that something should be done to make it easier for young people to buy their first homes, less than 20% said that the Government should introduce tax hikes on landlords.

The study completely undermines the argument made by the former chancellor, George Osborne, that tax hikes on landlords will make it easier for prospective first time buyers to purchase a home.

Landlords are currently facing several changes to their finances, including: Being taxed on their income rather than profit; a reduction in the amount of mortgage interest that can be offset against tax; and a 3% Stamp Duty surcharge on the purchase of additional properties.

The Government has compiled a guide for landlords on how the changes to mortgage interest tax relief will affect them: /government-guide-tax-relief-changes-residential-landlords/

Commenting on the findings by YouGov, the Policy Director of the Residential Landlords Association (RLA), David Smith, says: “These figures back up all that we have been saying.

“Recent tax hikes on landlords will serve only to drive up rents and reduce supply, making it more difficult for people to save for a home of their own.”

He urges: “With the wider public now in agreement, we call on the Chancellor to use his Autumn Statement to reverse these counter-productive measures.”

The new Chancellor, Philip Hammond, will deliver his first Autumn Statement on Wednesday 23rd November 2016.

Hammond has already received calls to scrap Osborne’s tax hikes on landlords from various industry bodies, such as the Society of Licensed Conveyancers.

Welsh Government Decides to Continue 3% Stamp Duty Surcharge for Landlords

Published On: October 19, 2016 at 8:31 am

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The Welsh government has decided to continue the 3% Stamp Duty surcharge for landlords.

The Land Transaction Tax and Anti-Avoidance of Devolved Taxes (Wales) Bill, which was introduced to the National Assembly on 12th September 2016, details proposals for a new land transaction tax to replace Stamp Duty Land Tax (SDLT) in Wales from April 2018.

At present, the bill does not include provision for a higher rate of tax on purchases of additional properties, which currently exists under SDLT in England and Wales and Land and Buildings Transaction Tax in Scotland.

Welsh Government Decides to Continue 3% Stamp Duty Surcharge for Landlords

Welsh Government Decides to Continue 3% Stamp Duty Surcharge for Landlords

The 3% Stamp Duty surcharge for landlords was introduced on 1st April this year. This guide explains how the additional tax will affect you: /landlords-guide-3-stamp-duty-surcharge/

To better understand whether the higher rate of tax should be introduced under the new bill, the Welsh government published a Treasury Paper and conducted a technical survey on the operation and application of the surcharge.

A total of 100 responses were received, with varied views. The government reports that some respondents believed it is important to remain consistent across the UK, so that distortions aren’t created, particularly across the England-Wales border.

Mark Drakeford, the Cabinet Secretary for Finance and Local Government, also believes: “As the Treasury Paper highlighted, there will be a significant reduction in the resources available for public services if we do not include a higher rate for additional properties in land transaction tax. Therefore, to protect the delivery of public services, I intend to make provision for a higher rate surcharge on purchases of additional residential properties in the Land Transaction Tax and Anti-Avoidance of Devolved Taxes (Wales) Bill during stage 2.”

However, he adds that the government will “continue to explore the suggestions put forward by stakeholders about how the higher rate can be adapted to meet Wales’ circumstances.”

A summary of the responses can be found here: http://gov.wales/docs/caecd/publications/161014-ltt-responses-en.pdf

The Managing Directors of both the Association of Residential Letting Agents (ARLA) and the National Association of Estate Agents (NAEA), David Cox and Mark Hayward, respond to the Welsh government’s decision to continue the 3% Stamp Duty surcharge for landlords:

“We are disappointed that the Welsh government has decided to take this decision and followed the rest of the UK in implementing this punitive regime for buy-to-let landlords.

“We have been highly supportive of the new devolved tax regime in Wales, precisely because it was a way that it could set its own tax agenda that works best for the housing sector in the region. In continuing with the surcharge, the Welsh government is not making the most of its new powers in order to increase the supply of homes that Wales so desperately needs.”

They also warn of further damage to the property market: “The measures will lead to increased rent prices through a fall in supply and increasing demand. Tenants will also see additional costs passed onto them, as landlords look for ways to increase the profitability of their properties in the face of spiralling expenses. Ultimately, this will lead to sub-standard accommodation, as money, previously used for the upkeep of homes, will be swallowed up in tax payments.”

Conservative Peer Attacks Tax Hikes for Landlords

Published On: October 17, 2016 at 9:18 am

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A senior Conservative peer has accused the former Chancellor, George Osborne, of exacerbating the housing crisis through his tax hikes for landlords.

Conservative Peer Attacks Tax Hikes for Landlords

Conservative Peer Attacks Tax Hikes for Landlords

Lord Flight, who previously served as the Shadow Chief Secretary to the Treasury, has written an article on the Residential Landlords Association (RLA) website to warn all those in the sector that tax hikes for landlords will “drive up rents” and “drive out investment in the sector”, at a time when 1.8m new homes to rent are needed by 2025.

Lord Flight referred specifically to decisions to tax landlords on their income rather than profit and the higher rate of Stamp Duty on additional homes.

In his article, Lord Flight highlights evidence from the London School of Economics that challenges the previous Government’s claims that landlords are buying homes that first time buyers could have purchased. He also points out statements by the Institute for Fiscal Studies that landlords are taxed more heavily than homeowners.

The peer calls on landlords to lobby their local MPs, informing them of the damaging impact that the tax changes will have on the supply of affordable homes to rent, and encourage them to seek changes in the new Chancellor’s Autumn Statement on 23rd November.

Recently, the Society of Licensed Conveyancers called on the Chancellor, Philip Hammond, to scrap Osborne’s Stamp Duty reforms in next month’s Autumn Statement.

Commenting on Lord Flight’s article, the Chairman of the RLA, Alan Ward, says: “Lord Flight’s analysis is correct. When we need almost two million more homes to rent by 2025, recent tax changes will choke off investment, increase rents and make it more difficult for tenants to save for a home of their own.

“The new Chancellor has an important opportunity next month to correct the previous Government’s changes to the way the rented sector is taxed. We call on him to seize this opportunity with both hands.”

Worryingly, landlords have revealed that the changes to mortgage interest tax relief are most likely to discourage them from investing further in the property market.

Which tax hikes for landlords are you most concerned about?

Tenant Group Supports New Tax Changes for Landlords

Published On: October 11, 2016 at 8:32 am

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Generation Rent, the tenant lobby group, has spoken out in support of new tax changes for landlords.

The comment arrives following a call from the Royal Institution of Chartered Surveyors (RICS) to scrap the additional Stamp Duty charge on second homes and two landlords’ fight in court to repeal the forthcoming mortgage interest tax relief reduction.

Tenant Group Supports New Tax Changes for Landlords

Tenant Group Supports New Tax Changes for Landlords

Disappointingly for property investors, the landlords lost their challenge on Thursday. This means that if all goes to plan, the amount of tax relief that landlords can claim on mortgage interest will be cut to the basic rate from April 2017. The Government has provided a guide on how the change will affect you: /government-guide-tax-relief-changes-residential-landlords/

However, the Director of Generation Rent, Betsy Dillner, believes that the tax system has favoured landlords for too long, and the new tax changes should help first time buyers get onto the property ladder.

“For too long, the tax system has favoured people who bought homes to make a profit over people who just wanted somewhere to live,” she insists. “The Government’s recent tax changes should help to dampen speculation and give an advantage to people who have to date been shut out of the housing market.”

She continues: “These are long-term measures whose success depends on house prices slowing down. Warnings about the impact on the overall supply of private rented housing are premature, and clouded by the result of the EU referendum.

“Despite the prospect of mortgage interest tax relief being phased out for landlords paying the higher rate of income tax, the number of purchases with a buy-to-let mortgage increased by 14% in the 12 months since George Osborne announced the policy in July 2015.

“And despite the introduction of the surcharge in April, and the subsequent dip in sales to landlords, Stamp Duty receipts increased in the second quarter of the year, from £1.75 billion to £1.98 billion.”

She concludes: “As important as it is to dismantle the damaging culture of property speculation, tax is only one part of the solution to the housing crisis. We need to build more homes for low-income households, and the tax reforms mean there’s a new source of revenue for this. We also need to improve protections for tenants whose lack of rights mean they face a high risk of eviction.”

Despite Generation Rent’s beliefs, industry professionals have supported RICS’s calls, claiming that the new tax changes for landlords will hinder investment in the private rental sector, and thus make rental accommodation more expensive for tenants.

Additionally, the Residential Landlords Association warns that tenants will face rent rises as a result of the new taxes.