Beware the £470m home rental tax trap for accidental landlords (2024)

More than half a million 'accidental' landlords have less than a year to sell up before they could be hit with new tax bills for thousands of pounds.

Earlier this month, the Government put forward plans to scrap two types of tax relief for landlords who sell a property that was once their main home.

The tax grab, which will come in from April 6, 2020, is expected to raise £470million for the Treasury over five years, according to accounting firm RSM.

Tax grab: Earlier this month, the Government put forward plans to scrap two types of tax relief for landlords who sell a property that was once their main home

But experts say the move could lead to a rush of house sales over the next 12 months as landlords look to flee the buy-to-let market before April.

This sudden increase in supply could, in turn, even cause house prices in some areas to fall.

An accidental landlord is someone who didn't buy a property with the intention of letting it out, but has since ended up doing so.

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Some may have inherited a property or been unable to sell their own home. Or they may have had to relocate suddenly for a new job or moved in with a partner and decided to hang on to their own property in the short-term as a safety net.

When you sell investment property, you must pay capital gains tax on any profit you make.

For example, if you bought a buy-to-let property for £100,000 and sold it for £200,000 you would have to pay tax on the £100,000 gain.

Everyone has a capital gains allowance of £12,000 a year. But on any profit above that, a basic-rate taxpayer would have to pay 18 per cent in tax on the gain. A higher-rate taxpayer would have to pay 28 per cent on the gain.

If, however, you rent out a property that was once your main home then, when you sell, you only have to pay tax on the amount it went up in value by (the gain) since you left.

Currently, landlords can also add 18 months on to the amount of time they lived at the property, for tax purposes.

Experts say the tax grab could lead to a rush of house sales over the next 12 months as landlords look to flee the buy-to-let market before April

For example, if you have owned your property for ten years, living in it for the first five, and renting it out for the next five, you can claim you lived there for six-and-a-half years when calculating your tax bill.

This is the five years you actually lived there plus the 18-month extension.

This benefit — known as principal private residence relief — has been available since capital gains tax was introduced in 1965. However, from 2020 the extension will be slashed to nine months — despite Brexit causing economic uncertainty.

The Government is also scaling back lettings relief. Currently, when a landlord sells their former home after renting it out, they are allowed to shelter £40,000 of their gain from capital gains tax. For couples this can be up to £80,000.

Under the new rules, announced in the Budget last autumn, only landlords who live in the property with their tenants will qualify for this benefit from April 2020.

Landlord Jonathan Stevens, 48, became an accidental landlord in 2016.

With a growing family, he and his partner Patricia decided to rent out their two-bedroom flat in West London, where they had lived for six years, and move to the West Country.

The couple bought their flat for £300,000 in 2010. It is now worth £525,000. If they sold the flat now, their tax bill would be £4,550 as Jonathan is a higher-rate taxpayer. Under the new rules, it would be £20,475.

The couple are also tied into a fixed mortgage deal until May 2020 — one month after the tax rules change — and so face paying hefty exit fees to sell early.

Jonathan says: 'I can't sell now as I will have to pay an early redemption penalty on the mortgage. I am no longer making any profit on the rent and I can't claim lettings relief.'

Tony Gimple, from Less Tax For Landlords, says: 'If you are only a landlord by chance ... speak to a property tax specialist or accountant about how you could be affected by the proposed changes.'

s.partington@dailymail.co.uk

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Beware the £470m home rental tax trap for accidental landlords (2024)

FAQs

How does the IRS know you have rental property? ›

Rental property comes with a paper trail. IRS agents can check real estate paperwork and public records to verify the information reported on your return. Some states require rental property owners to have licenses.

Will the IRS know if you don't report rental income? ›

IRS Automated Underreporter Program

The IRS utilizes the Automated Under Reporter (AUR) division to detect inconsistencies between reported income and information provided by banks and other payers. Even if an investor fails to report rental income, the IRS can identify discrepancies through third-party sources.

Why is turning a primary residence into a rental property a bad idea? ›

One of the drawbacks to renting out a primary residence is paying capital gains tax when the property is eventually sold, although investors may benefit by performing a tax deferred exchange in the future.

How to maximize tax return on rental property? ›

Here are additional deductions real estate investors with rentals may be able to take as well:
  1. Repairs and Maintenance.
  2. Insurance.
  3. Property Management Fees.
  4. Supplies.
  5. Utilities (Oil, Gas, Electric, Water, Phone, etc.)
  6. Home Office Expenses.
  7. Travel Expenses.
  8. Snow Removal, Landscaping, Pest Control, etc.

Can IRS find out if you have rental income? ›

The IRS has a number of ways to determine whether or not you have rental income. A few of these include reporting by third parties, reported income and expense discrepancies, audits and reviews, and public records.

How far back can the IRS audit rental property? ›

Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years.

How to avoid reporting rental income? ›

Renting your house or vacation home for less than 15 days keeps you from having to pay taxes on a single cent of income you received from your short-term rental, but rent your home for just 15 days, or more, and you'll pay income tax on the whole amount, including the first 14 days.

Is it better to claim rental income or not? ›

You generally must include in your gross income all amounts you receive as rent. Rental income is any payment you receive for the use or occupation of property. You must report rental income for all your properties.

Why is rental income not considered earned income? ›

Earned income generally requires withholding and paying federal, state, and local income tax and FICA. Rental income is usually taxed as passive income, similar to stock dividends or real estate investment trust (REIT) distributions. Tax on rental income is paid based on an investor's marginal income tax rate.

What are 3 drawbacks to owning rental real estate? ›

The drawbacks of having rental properties include a lack of liquidity, the cost of upkeep, and the potential for difficult tenants and for the neighborhood's appeal to decline.

What are the three main disadvantages of renting a residence? ›

Reasons not to rent
  • Unable to enjoy tax deductions.
  • Your rent will most likely grow from year to year.
  • You're not building equity.
  • More difficult and expensive to have pets.

What happens when you convert a rental property to a primary residence? ›

Once you occupy the home as your personal residence, you will no longer be able to take any of the deductions you took when the property was a rental. This means you will get no depreciation deduction and you can't deduct the cost of repairs.

Can you write off mortgage payments 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 happens if I don't report rental income? ›

Ways the IRS can find out about rental income include routing tax audits, real estate paperwork and public records, and information from a whistleblower. Investors who don't report rental income may be subject to accuracy-related penalties, civil fraud penalties, and possible criminal charges.

Can you deduct insurance on rental property? ›

Insurance

You can deduct the premiums you pay for almost any insurance for your rental activity. This includes fire, theft, and flood insurance for rental property, as well as landlord liability insurance.

How does the IRS find unreported income? ›

The IRS receives information from third parties, such as employers and financial institutions. Using an automated system, the Automated Underreporter (AUR) function compares the information reported by third parties to the information reported on your return to identify potential discrepancies.

How does the IRS define rental activity? ›

Rental income is any payment you receive for the use or occupation of property. Expenses of renting property can be deducted from your gross rental income. You generally deduct your rental expenses in the year you pay them.

At what point does the IRS consider a residence is rented? ›

Rental property / Personal use

You're considered to use a dwelling unit as a residence if you use it for personal purposes during the tax year for a number of days that's more than the greater of: 14 days, or. 10% of the total days you rent it to others at a fair rental price.

How does the IRS treat renting a property to a family member? ›

Rent at Fair Market Value

If you rent below fair market value, then every day the relative rents the property is considered the same as a day when the taxpayer personally used the property. As we have seen, property cannot be considered rental property if the owner uses it personally for more than 14 days.

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