Who is affected:
- These new rules only apply to individuals with residential property businesses.
- They do not apply to companies.
- They do not apply to land and property dealing or development businesses, commercial lettings or furnished holiday lets.
- The change is being phased in over three years.
- It means that all finance costs (not just loan interest) will no longer be an allowable expense when calculating your taxable rental profits.
- individual landlords are required to make a tax return adjustment.
- The adjustment will give you a basic rate tax deduction after the rental profits have been taxed. This deduction will be up to 20% of the finance cost.
- Unfortunately, this measure will impact on all taxpayers who incur finance costs who report rental business, under Self-Assessment and not just higher rate taxpayers.
- Finance costs include mortgage interest, any payments that are equivalent to interest, and incidental costs of obtaining finance, such as fees and commissions, legal expenses for negotiating drafting loan agreements or valuation fees required to provide security for a loan.
Basic rate taxpayers complications:
- If you are currently a basic rate taxpayer, you may find that you are a higher rate taxpayer, once the finance costs are disallowed in your rental accounts.
- Your tax liability depends on your other income and the amount of finance costs that are added back.
- You will not know whether the adjustment will take you into higher rate tax without going over a series of steps in order to work out the effect of the change.
- If you do become a higher rate taxpayer after arriving at your rental profits, you will lose higher rate tax relief on your finance costs.
- You continue to receive basic rate tax relief on your other costs
Stages of restriction
The change will be introduced gradually from April 2017 as follows:
|Year||% of costs deducted from profits||% of costs available as a basic rate deduction|
The basic rate deduction is up to 20% of the disallowed finance costs. The deduction is restricted in some circumstances, such as the following:
- When property profits are less than finance costs, the deduction is limited to 20% of the property profits. The reduction does not reduce tax payable on other sources of income.
- When there are property losses brought forward these must be set against property profits and could reduce the taxable profit to less than the finance costs. Here the deduction is limited to 20% of the taxable profits.
- When total income (excluding any savings or dividend income which are taxed as top-slices) is low, so that some or all of the rental profits fall within the personal allowance, the deduction is restricted to 20% of the profits that are actually taxed.
When there is a restriction, any finance costs which have not been used to calculate the basic rate deduction in one year can be carried forward and added to the finance costs of the following year.