5th
Jun 2014
The CIOT(Chartered Institute of Taxation) finds the HMRC's removal tax relief for replacing tenants' soft furnishings, furniture and particular white goods is ridiculous, as in the end it is the tenants who will suffer most. Landlords will also lose out if they do not replace them as they will lose tenants or have to downgrade the rent charges.
There is of the course the scenario that the tenants will end up paying by being charged higher rents to cover the costs incurred by landlords.
The HMRC confirms that landlords will be exempt from receiving any tax relief when replacing "free standing white goods" in unfurnished residential lettings.
The HMRC introduced this tax ruling from April last year and confirmed this upon receipt of a joint letter from CIOT and the Institute of Chartered Accountants of England and Wales.
However the HMRC does have the power to offer "extra -statutory concessions" allowing a small tax break in instances where it accepts the law is not able to meet the hardships at its margins. It also says that it can only very rarely relax the ruling as it would otherwise cost the taxpayer too much.
Brian Slater, chair of CIOT Property Taxes Sub-Committee, said: “The concession, as it previously existed, provided incentives for private landlords to maintain their properties by offering tax relief for the costs of replacing white goods and other furnishings. Additionally, tenants who might otherwise have been forced to manage with worn out furnishings and broken fridges benefited from the replacements. This incentive no longer exists, likely creating an increased level of tension between landlord and tenant over costs and maintenance.
“Additionally, what can be classed as a ‘replacement’ or a ‘repair’, is sometimes complex turning on fine distinctions. While the Government has been taking real steps to engage with landlords and help them understand the taxes which affect them, the removal of this tax relief will only create more confusion, apparently denying relief for what is quite rightly seen as a legitimate business cost.”
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