Landlord loopholes: how buy-to-let investors can reduce tax due on their income in 2022 (2024)

Looming changes threaten to squeeze buy-to-let profits at a time when many landlords are still struggling with lost rental incomein the wake of the pandemic.

The sector narrowly avoided another stamp duty tax risein 2021, with theChancellorpulling an increase tothe investorsurcharge, to four percentage points, from the most recent Budget at the last minute.

It comes after the pandemic and successive lockdowns hammered tenants and hit landlords' rental income hard, creating a backlog ofpayments worth£360m, according to debt charity StepChange.

Many landlords have alsomissedout on valuable tax breaks that could prevent a large chunk of their income ending up in the hands of HM Revenue & Customs.

Reliefs on landlords’ income, such as being able to offset their mortgage costs against their tax bill, have gradually been withdrawn– and buy-to-let owners are now wondering whether the numbers still add up.

But there are a number of often underused reliefs still available which are now more important than ever.

How buy-to-let investors can reduce tax due on their income in 2022

Make use of little-known expenses

Many landlords are unaware they may be able to claim back for expenses such as the cost of travelling between their rental properties and phone callsor texts sent in connection with aproperty. Those with a monthly contract can expense only the proportion of time they use it for business purposes.

It is also possible to claim back the cost of subscriptions to property investment magazines,services and money spent on advertising the property, andlegal and accountancy fees connected to the buy-to-let. As you can see using the calculator below, deducting these kinds of expenses from your income can make a big difference.

Zena Hanks of Saffery Champness, an accountancy firm, said: “It may seem like a hassle to keep track of these small expenses but doing so will make HMRC much more likely to accept them. It’s important to remember that offset expenditure must be wholly and exclusively for the purpose of the business.”

Offset losses made during coronavirus

Buy-to-let owners had a difficult time of it throughout successive lockdowns, with tenants falling deep into arrears or demanding payment holidays. Landlords who make a loss in anytax year can carry these forward and offset them against their nexttax bill.

“If you made a loss of £1,000 this tax year and then turn a £20,000 profit next year you will pay tax on £19,000 instead,” Ms Hanks said.

The taxman will combine the income and expenditure from all of a landlord's rental properties in a year. This means that losses can only be carried over if the portfolio as a whole has made a loss.

Claim back for void periods

Others struggled to find any occupantsfor their properties during the coronavirus pandemic. Normally when a property is occupied, the tenant will cover the cost of council tax and heating.

Landlords who find themselves having to cover these bills during a void period may be able to claim the cost back on their self-assessment tax return.

Turn it into a holiday home

There are a number of tax benefits that come with running a property as a furnished holiday let rather than a long-term rental.

The former are treated as a business by the taxman and so you can still offset your mortgage interest against your tax bill. Those running a normal long-term rental can only claim back 20pc of their mortgage interest.

“If HMRC considers your holiday let to be a business, you may also benefit from paying capital gains tax at a rate of just 10pc when you sell it – whereas the maximum rate of CGT payable on a normal rental property is 28pc,” Ms Hanks said.

However if you have a portfolio of, for example, 10 properties and sell just one of them, HMRC is likely to question whether you really are disposing of a business and disqualify you from the relief. Landlords who own their properties via a limited company can also benefit from lower rates of CGT – whichis discussed in another installment of this series.

There are restrictions on what counts as a holiday let. Homes must be furnished, available to rent as holiday accommodation for at least 210 days a year and occupied by a tenant for at least 105. The property cannot be occupied by long-term tenants – those who stay for more than 31 days – for more than 155 days per year.

Costs and management fees can also be higher for short-term rentals and owners are more at risk of the property being empty for long periods.

Make the most of pension tax relief

Holiday lets do come with another key advantage, though. Profits from these can be treated as income for pension purposes, which means if you put this money into a retirement pot you can claim tax relief on it. With income from a normal buy-to-let, this is not the case.

Take on debt

“Although the relief is less generous than it used to be, you can offset up to 20pc of your mortgage interest against your tax bill. So it may be worth taking on some debt against the property to reduce your taxable profits,” Ms Hanks said.

However, buy-to-let owners would need to work through the numbers carefully here to make sure it made sense for them, she added.

This is part of a series about how landlords can save money on their tax bills. In this instalment, we find out how to pay less tax on your rental income. Read the others to find outhow to reduce your tax liability when holding a property and when selling up.

These guides are kept updated with the latest advice.

Landlord loopholes: how buy-to-let investors can reduce tax due on their income in 2022 (2024)

FAQs

Does buying rental property reduce taxable income? ›

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 the STR tax loophole? ›

The short-term rental tax loophole, also sometimes known as the Airbnb tax loophole, is a strategy real estate investors can use to help mitigate their rental income tax by offsetting earned income with real estate losses. You've probably learned about Real Estate Professional Status as a way to reduce your tax burden.

What is the ownership loophole? ›

The statutory requirement that more than 50 percent ownership must be transferred before property can be reassessed at current fair market value is at the heart of Prop 13's perceived loophole, because the language al- lowed creative taxpayers to structure transactions to avoid reassessment by acquiring no more than 50 ...

What is the capital gains loophole in real estate? ›

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

How do real estate investors avoid taxes? ›

Investors can defer taxes by selling an investment property and using the equity to purchase another property in what is known as a 1031 like-kind exchange. Property owners can borrow against the home equity in their current property to make other investments.

How to reduce taxable income? ›

In this article
  1. Plan throughout the year for taxes.
  2. Contribute to your retirement accounts.
  3. Contribute to your HSA.
  4. If you're older than 70.5 years, consider a QCD.
  5. If you're itemizing, maximize deductions.
  6. Look for opportunities to leverage available tax credits.
  7. Consider tax-loss harvesting.

What is an example of a tax loophole? ›

High-Income Mortgage Interest Deduction

For example, you generally need a high income to get a mortgage for $1 million. If you're paying interest on a mortgage that large, you'll have more interest to deduct than a taxpayer who pays interest on a $350,000 mortgage. But there's a limit to this loophole.

How does the IRS know if I have 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.

What is a tax-exempt investor? ›

A tax-exempt security is an investment in which the income produced is free from federal, state, and/or local taxes. Most tax-exempt securities come in the form of municipal bonds, which represent obligations of a state, territory or municipality.

What is prop 19 loophole? ›

Prop. 19 also raises taxes on certain inherited and gifted family properties by closing a Prop. 13. That loophole allowed children and grandchildren who inherited property to also inherit the old property tax base, even if the current market value had increased significantly.

Can the government ever take ownership of private property without the consent of the owner? ›

In California, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a “public use,” which traditionally meant projects like roads or bridges.

What is the property ownership law in the United States? ›

Property law in the United States is the area of law that governs the various forms of ownership in real property (land and buildings) and personal property, including intangible property such as intellectual property. Property refers to legally protected claims to resources, such as land and personal property.

What is the 121 home exclusion? ›

The Section 121 Exclusion, also known as the principal residence tax exclusion, lets people who sell their primary homes put the proceeds from the sale into another home without having to pay taxes on the gain.

What is the 2 out of 5 year rule? ›

When selling a primary residence property, capital gains from the sale can be deducted from the seller's owed taxes if the seller has lived in the property themselves for at least 2 of the previous 5 years leading up to the sale. That is the 2-out-of-5-years rule, in short.

Can you write off the purchase of an investment property? ›

Except in certain circ*mstances, the IRS does not allow you to deduct the full cost of your investment in the first year. Instead, you must amortize your investment over a number of years. For real estate, you must spread the deduction out over 27.5 years.

What is a major disadvantage of owning rental property? ›

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.

Can rental property depreciation offset ordinary income? ›

Wage income is earned income and falls within the category of ordinary income. The IRS does not allow us to mix passive losses with ordinary income. So, it is not possible to offset ordinary income with rental property losses, whether those losses are due to depreciation or operating expenses.

Can you write off mortgage payments on rental property? ›

Most homeowners use a mortgage to purchase their own home, and the same goes for rental properties. Landlords with a mortgage will find that loan interest is their largest deductible expense. To clarify, you can't deduct the portion of your mortgage payment that goes toward the principal loan amount.

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