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News Article

"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE

Landlords Better Watch Out As HMRC Targeting Those Who Switched To Companies

18th Dec 2023

A leading tax, accounting & business advisory firm says landlords who ‘morphed’ into companies are now being investigated by the HMRC.


Image credit: iStock

The firm warns that this is the HMRC’s latest campaign to make sure all tax accountabilities are correctly reported.

A spokesperson for the firm, says: “Landlords who incorporated their property business but have not reported a capital gain on their 2017/18 self-assessment tax return are being sent a ‘nudge letter. Incorporating a property business is an integral element of many of the schemes marketed to landlords significantly impacted by the restriction of interest when calculating the income tax payable on rents received from properties held personally.”

The tax consultancy says the Revenue’s nudge letters ask the tax payers to make absolutely sure they have calculated their tax relief correctly and refers to specific HMRC guidelines on technical areas and reliefs available. Landlords have just 30 days to reply.

But if the landlord fails to do so within the timescale they could be liable to undergo a full tax enquiry and possibly being issued with a discovery assessment by the Revenue.

The firm says landlords who receive such a ‘nudge’ should contact and discuss the matter with their tax advisors immediately.

The spokesperson adds: “I would also recommend that those who have transferred their properties since 2017/18 to a company should take steps to review the ensure that they have correctly reported any capital gain that was realised on the transfer, as I expect that they will be the next recipients of an HMRC nudge letter.”

In October the HMRC took the unprecedented step of issuing a warning about the hybrid business model scheme of a partnership and a company, and any landlord who have used the scheme should be best to withdraw from and straighten out their tax affairs quickly.

Although the latest nudge letters are not as forceful in stating the recipients owe tax it does highlight that the HMRC believes some BTL landlords operating as companies, could be under declaring tax liabilities and are well and truly ‘in their sights’.


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"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE

 

 

 


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Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/ Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/ Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references, inventory, check in, check out, cleaning, pet insurance or ANY other fee that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/