Landlords' Challenge of Tax Relief Reduction to Receive Response (2024)

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This article is an external press release originally published on the Landlord News website, which has now been migrated to the Just Landlords blog.

Landlords' Challenge of Tax Relief Reduction to Receive Response (5)

Two landlords’ legal challenge of Clause 24 of the Finance (No. 2) Act 2015 will receive a response from HM Revenue & Customs (HMRC) by 16th March 2016.

Under the clause, landlords will not be able to deduct the cost of their buy-to-let mortgage interest as a business expense from their rental income by 2020. This will mean that their rental income will be added to any other income, potentially pushing them into the next tax band.

Therefore, tax will be paid on turnover, not profit, meaning that tax could be due on non-existent income. For some higher-rate taxpayers, mortgage costs above 75% of their rental income will mean they make a loss on their buy-to-let investment.

Landlords' Challenge of Tax Relief Reduction to Receive Response (6)

Landlords’ Challenge of Tax Relief Reduction to Receive Response from HMRC

The clause, announced by Chancellor George Osborne in the 2015 Budget, has received criticism from buy-to-let landlords, who have often invested in property to boost their pension pots.

The measure is part of the Government’s plan to turn generation rent into generation buy. Meanwhile, some believe that the Government is favouring large-scale investors over smaller private landlords.

Landlords Steve Bolton and Chris Cooper are leading a legal challenge in an attempt to bring a judicial review of the reduction in mortgage interest tax relief, which will be gradually imposed starting in 2017.

Cooper is a modest investor and part-time landlord, who is boosting his pension through buy-to-let, while Bolton owns around 20 residential and commercial properties, and is also the founder and owner of Platinum Property Partners, a buy-to-let training franchise.

Cherie Blair’s Omnia Strategy has been appointed to represent the landlords.

The application has been filed and signed off by the firm, which gives HMRC and the Treasury until 16th March to respond with an Acknowledgement of Service. This must detail the grounds on which the departments intend to contest the challenge.

The challenge will argue that the Government’s tax change flouts “a long-established principle of taxation that expenses incurred wholly and exclusively for the purposes of the business are deductible when calculating the taxable profits”.

The landlords have set up a crowdfunding page, which had raised just over £50,000 from 740 supporters in January.

A statement from the landlords says: “We expect the Government to respond aggressively. We are hoping for a positive result, but are mindful both that judicial review proceedings are inherently difficult and also that, even if we win, the Government might introduce changes or new measures that are more defensible legally, but still unattractive and problematic for hard-working private landlords.”1

We will keep you updated on the landlords’ case and continue to provide information for landlords on all issues affecting the buy-to-let sector.

1 https://www.facebook.com/clause24/posts/1107773035932366

About the Author: Em Morley (she/they)

Em is the Content Marketing Manager for Just Landlords, with over five years of experience writing for insurance and property websites. Together with the knowledge and expertise of the Just Landlords underwriting team, Em aims to provide those in the property industry with helpful resources.When she’s not at her computer researching and writing property and insurance guides, you’ll find her exploring the British countryside, searching for geocaches.

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FAQs

How much can you claim for wear and tear? ›

How does it work? This is a comparatively simple calculation: you can reclaim 10% of your net rent from fully furnished homes as Wear and Tear Allowance.

Where do I put mortgage interest on my UK tax return? ›

You can use the costs of getting a loan, or alternative finance to buy a residential property and any interest on such a loan or alternative finance payments to calculate a reduction in your Income Tax. Enter the amount of any costs, interest and alternative finance payments in box 44.

What is the landlord tax credit in Ireland? ›

Introducing Tax Relief for Landlords

In 2024, landlords can claim tax relief of €600. This relief increases to €800 in 2025 and €1,000 for 2026 and 2027. To qualify for the tax relief, landlords must agree to maintain their rental properties in the market for the entire duration of the scheme, up to the end of 2027.

What are allowable expenses for landlords in Scotland? ›

Allowable expenses

landlord buildings, contents, public liability and other insurance policies. Ground rent, service charges, cleaning and gardening. Maintenance and repairs – but not improvements to the property. Council tax, gas and electricity – but only if you pay for these and include the costs in the rent.

How is wear and tear calculated? ›

The rates of wear and tear, based on the cash cost, are calculated either according to the straight-line or diminishing-balance method. New and unused machinery used in a process of manufacture or in a similar process is depreciable at the rate of 40% in the first year of use and 20% in the three following years.

What is considered a wear and tear item? ›

Wear & tear is exactly as it sounds: damage incurred during normal and intended use of the product that has rendered the garment unwearable or significantly hindered the expected performance of the garment. This does not mean the garment will look like new after many months of hard use.

Where do I put mortgage interest on my tax return? ›

You claim the mortgage interest deduction on Schedule A of Form 1040, which means you'll need to itemize instead of take the standard deduction when you do your taxes.

Can you deduct mortgage payments on rental property? ›

If you receive rental income from the rental of a dwelling unit, there are certain rental expenses you may deduct on your tax return. These expenses may include mortgage interest, property tax, operating expenses, depreciation, and repairs.

Can you deduct mortgage interest on rental property? ›

As a rental property owner, you can claim deductions to offset rental income and lower taxes. Broadly, you can deduct qualified rental expenses (e.g., mortgage interest, property taxes, interest, and utilities), operating expenses, and repair costs.

What is renters credit use tax? ›

What it is: A non-refundable credit worth $60 ($120 for married, joint filers) that you can apply to your California income tax if you lived in a rental property for more than half the year in 2000.

What is renters credit on Turbo tax? ›

Tax deductions for renters by state

California: If you paid rent for at least half of the year and make less than $50,746 for single filers or married filing separately (or $101,492 for married filing jointly, head of household, or qualified widower), you may be eligible for a tax credit of $60 – $120.

Can I claim tax relief on my rent in UK? ›

Moreover, there is such a thing as a rent tax credit. That is, you can claim a tax rebate on the rent that you paid for apartments, flats or houses. Whether used as a sole or main residence, anyone paying for private rented accommodation and paying income tax can claim rent tax credit.

What is the 50% rent rule? ›

The 50% rule or 50 rule in real estate says that half of the gross income generated by a rental property should be allocated to operating expenses when determining profitability. The rule is designed to help investors avoid the mistake of underestimating expenses and overestimating profits.

What percentage of rental income should be expenses? ›

The 50 Percent Rule

This rule works by subtracting 50 percent of a property's monthly rental income for expenses and maintenance. For example, if a property could yield $1,500 a month in rent, you would need to designate $750 for expenses and not consider that when considering its profitability.

What is the rule for rent expense? ›

A popular standard for budgeting rent is to follow the 30% rule, where you spend a maximum of 30% of your monthly income before taxes (your gross income) on your rent.

What does wear and tear insurance cover? ›

Excess Wear & Tear Coverage

Covers most excess wear charges up to $5,000 on new or certified pre-owned vehicles such as paint damage, exterior surface dents, interior surface rips, tears, stains and spotting, windshield glass chips, wheel covers and more! Covers excess tire wear with less than 4/32 remaining tread.

Can you write off wear and tear? ›

Rental expenses

Examples of expenses that you may deduct from your total rental income include: Depreciation – Allowances for exhaustion, wear and tear (including obsolescence) of property. You begin to depreciate your rental property when you place it in service.

What are allowable expenses? ›

What are allowable expenses? Allowable expenses are costs that are essential and directly related to running your business. These expanses can be deducted from your taxable income, reducing your overall Income Tax liability. Allowable expenses do not include money taken from your business to pay for personal purchases.

How much depreciation can you claim on rental property? ›

By convention, most U.S. residential rental property is typically depreciated at a rate of 3.636% each year for 27.5 years. Only the value of buildings can be depreciated; you cannot depreciate the land buildings are built on.

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