Rental Income Tax









“tax planning for landlords”

Rental income is normally classed as Schedule A income on your tax return and will be taxed with any other income you have. Again careful property tax planning can help significantly reduce schedule A tax liabilities and we can help you make important tax decisions which will reduce tax liabilities (eg: opting for the 10% wear & tear allowance or the renewals basis, diverting income towards a lower tax bracket spouse by transferring beneficial ownership etc).

In certain circumstances, it may be beneficial for a property investor to operate through a limited company. One problem however will getting your properties into the company as you will be deemed to have made a disposal at market value and will be liable to pay any CGT arising.
 


"Should i operate through a limited company?"

If you are a higher rate tax payer earning rental income of £25,000 say. Your tax liability will be liable £10,000 (leaving you with £15,000 after tax). If however this was earnt and left within a company, the tax paid would only be £2,850 (first £10,000 profits are tax free and then 19% on the remainder) leaving you with £22,150. This is a saving of £7,150 P/A. A company could potentially save you tax every year which then could be used to invest in more properties. The key point here however is that this is a long term venture and may not be suitable if you are thinking short term.

The decision to operate through a limited company requires careful consideration and many factors need to be considered. There are other various advantages and disadvantages which we would be happy to discus.


 





Property Investment Tax Planning

With the recent boom in the UK of the property market, timely property tax planning in this area has become vital and is something everyone needs to consider. We are a firm of seasoned tax professionals within the property sector and we are regulated by the Institute of Chartered Accountants in England & Wales. Inappropriate property tax planning can prove to be very costly and difficult for a professional tax advisor to reverse at a later date. It is very important that check the credentials of your tax advisor and ensure that you are dealing with professionals who hold recognized qualifications (These are usually: ACA, FCA, CTA, FTII, ATII).

The following taxes need to be considered for home owners and property investors:
Capital Gains Tax (CGT)


(CGT) THE BASICS
In simple terms, CGT is the tax which is paid on any profit made when a property is sold. If you live in a property and it is your main home then you will normally be exempt from Capital gains property tax under the principal private residence rules (PPR), however periods of long absence and business use can invalidate this and Capital gains property tax may be due. This relief is not available on the sale of any other properties you own (for example investment properties which are rented out) and CGT will in most cases be due on the full gain (if you are a higher rate tax payer this is at a rate of 40%!!).

There are ways to reduce, or even legitimately eliminate Capital gains property tax. There are various tax planning tools such as the use of relief's, annual exemptions, transfer of beneficial ownerships etc, which if applied at the correct time and circumstances can wipe out your gain.

Since 2003, it has become mandatory for the solicitor who deals with your conveyencing to complete a Stamp Duty Land Tax return on the sale of all UK properties and send this direct to HM Revenue & Customs. This will contain details of the buyer and seller, and HMRC will be able to ascertain if any Capital gains property tax was due on the sale..

Inheritance  Tax (IHT)


Inheritance Tax Planning
This is also known as “Death Tax”. It is the tax which is due on the transfer of assets which are contained in the deceased estate and chargeable lifetime transfers (eg: Gifts into a Discretionary Trust). For the tax year 2004/05, the first £263,000 of the estate is exempt. There after IHT is charged at 40%. Again given the property boom in the UK, this will affect many individuals.


Once again early Inheritance tax planning can help reduce or eliminate this tax. You may have heard that if assets are given away over seven years before death then no IHT is due. If only it were that simple! At times different taxes will interact with each other and Inheritance tax planning can trigger taxes in other areas (which is why it is important that you deal with a qualified professionals with knowledge of all taxes). It should noted that a transfer of property to anyone other than a spouse will be a deemed disposal at market value for CGT purposes (see above). So although you may have sorted out your IHT problem, there may be a huge CGT implication which will catch up with you in future years.

Sigma offers a number of Inheritance tax planning strategies which include, tax efficient Wills and Trusts, lifetime gifts and finally, in some cases planning post-death (this last option is risky however and it is better to plan while you are still alive).
Please note:

The content of this page is for information purposes only and detail within it has been simplified. It should not form the sole basis for a particular course of action. Sigma assumes no responsibility for any losses incurred as a result of acting or not acting on the above information. Specialist advice should be sought from a Chartered Accountant/Chartered Tax Advisor in relation to an individual’s financial matters.

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