Landlords Will NOT Be Taxed On Capital Gains As Income

by Mark Alexander

12:38 PM, 5th September 2016
About 2 years ago

Landlords Will NOT Be Taxed On Capital Gains As Income

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Landlords Will NOT Be Taxed On Capital Gains As Income

We can all breath a sigh of relief. Landlords Will Not Be Taxed On Capital Gains As Income

Property118 was the first to report concerns raised by The Law Society on late amendments and new clauses slipped into the drafting of The Finance Bill 2016.

As they were written, these additional clauses and amendments could be read to mean that BTL landlords could be taxed on profits on capital values as though those profits are income when property is eventually sold.

The accusations we levelled at HM Treasury were that they were trying to slip in new legislation without any notice or consultation.

We may never know what the true intention was but, regardless, we are claiming what HM Treasury deem to be “clarification” as a victory for Property118 Action Group anyway.

If will be a huge relief for thousands of landlords to know that HM Treasury have now provided assurances in the form of written correspondence to at least two landlords associations that the ambiguous wording was not intentional and that capital gains made by BTL landlords will NOT be taxed as income. We have yet to see any amended legislation though!

Our article was visited by over 26,000 readers and sparked off a frenzy of articles across many related industry websites and discussion forums as well as angry debate across all social networks.

Property118 Action Group Updates

Skipton Building Society Legal Action – strategy released, CLICK HERE for details (includes Amber Homeloans borrowers)

Bank of Ireland Legal Action – Strategy due for release later this month

Private Criminal ProsecutionsCLICK HERE for our latest update

Section 24 Judicial Review – verbal pleading hearing set for 6th Oct 2016. If a judicial review is granted Property118 Action Group will contribute a five figure sum towards funding it.

Rent-to-Rent – little known, fully compliant strategy revealed freely HERE

Sublet Insurance launched – please CLICK HERE for details

Our UK Buy To Let Tax Strategy

Property118 Action Group MEMBER

“FIGHTING FOR LANDLORDS”

Monthly Subscription Benefits

  • Become part of the resistance movement by helping to fund the fight back against anti-landlord media and the legislation and tax consequences it causes
  • Be one of the first to hear about new tax planning strategies as they evolve.
  • Have Direct access to our Hon. Legal Counsel Mark Smith (Barrister-At-Law) when you have legal problems.
  • Use of the Property118 Action Group member badge (shown above)
  • Monthly subscription cost £10

Please note that to be represented in legal action campaigns you will need to upgrade to Lifetime Membership.

Membership Subscription - £10 a month via card payment

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Additional Lifetime Member Benefits

  • You will never be required to contribute to any action we undertake for the benefit of members.
  • You will receive a copy of the most comprehensive spreadsheet ever produced to afford you and your professional advisers to fully analyse the impact of restrictions on mortgage interest relief for individual landlords. The spreadsheet will also calculate the alternative tax position based on incorporation and the costs and strategies associated with that.
  • You will be able to use the Property118 Action Group “Founder Member” badge on stationery, websites etc.

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Property118 Action Group Objectives 

  • To raise standards from suppliers of products and services to the UK private rented sector.
  • To increase awareness of the social and economic benefits of a healthy private rented sector in the UK.
  • To ensure that greater consideration is given to consequences of legislation affecting the UK private rented sector before it is implemented.
  • To provide an effective deterrent to rogue operators preying on private housing providers, not only with a voice but also with teeth in terms of legal capability and they contacts and money required to back it.

Our vision is crystal clear, as are the steps we need to take, but we need YOUR help.

Together we are stronger

If just a few hundred landlords can take on the might of a rogue financial institution (and WIN!), just imagine what thousands of us can achieve!

When Property118 Action group took on the legal campaign to challenge the actions of West Bromwich Mortgage Company there were obviously doubters who said we would never raise the £500,000 required to go to Court, and even if we did we would lose. We proved them wrong!

The Financial Ombudsman Service had previously ruled in favour of the mortgage lender!

Ongoing Campaigns

  • Assisting with funding of a Judicial Review of the withdrawal of finance cost relief for individual landlords #TenantTax
  • Prosecuting agents who abuse their position and fraudulently use client money to fund their businesses
  • Challenging the Bank of Ireland decision to add a premium to tracker rate mortgage margins. Over 13,000 are affected! Some are landlords, some are homeowners.
  • Challenging Skipton Building Society breach of contract in respect of abandonment of their contractual commitment to cap their standard variable mortgage rates to 3% over the Bank of England base rate. Over 130,000 mortgage borrowers have been paying too much interest since 2010! Some are landlords, some are homeowners.
  • Challenging many more unreasonable laws, organisations and contract terms unfairly affecting the rights of our members

Axe The #TenantTax

Property118 Action Group has committed to pledge £100 to the “Axe The #TenantTax” campaign for every Lifetime Founder Member.

The #TenantTax is arguably the greatest threat to the private rented sector due many landlords considering selling up. Any reduction in supply of quality rental property will negatively impact letting agents and well as increasing demand amongst tenants, thus driving up rents.

In addition to providing funding towards the intended Judicial Review of #TenantTax Property118 Action Group has undertaken significant research and lobbying as well as using our official Google News Publisher website status to promote the cause. The Property118 website attracts more than 1.8 million unique users a year and is considered to be a centre of influence amongst mainstream and regional media groups.

Property118 Action Group Fighting Crime

There are many examples of landlords having been victims of fraud by abuse of position committed by their letting agent where Police and CPS have dropped cases due to lack of resource.

We have several cases ongoing where agents have used client money to pay themselves huge bonuses before putting their businesses into administration. As a result of the Police failing to get involved Property118 Action Group has been helping to raise the funding necessary to mount private criminal prosecutions on behalf of our members. Many of these are now coming to trial.

Property118 Action Group pay all initial costs associated with private criminal prosecutions where groups of 15 or more of our members have been victims of crimes perpetrated by the same business. The Crown picks up legal costs once Magistrates agree that a trial is in the interests of the public, regardless of whether the accused is found innocent or guilty.

Property118 Action Group vs Bank of Ireland

In March 2013 Bank of Ireland raised tracker rate mortgage margins. Over 13,000 borrowers were affected. Many of these originally took mortgages with Bristol & West which was taken over by Bank of Ireland. Two Barristers and one QC provided written opinion that they believed the Bank were in breach of contract. Sadly, Property118 Action Group didn’t exist then. Many of the affected borrowers initially expressed an interest in legal action. However, when it came to having to commit substantial sums of money to fund legal action their enthusiasm quickly dissipated leaving less than a few dozen of the more militant campaigners with the impossible task of raising the required funds. If each of those affected had only needed to commit to paying a one of fee of £600 or committing to a monthly subscription of £10 a month the position might have been very different, as would the level of media attention on the case as it progressed through the judicial system. Many of the affected borrowers have already overpaid 10’s of thousands of pounds. The Financial Services Ombudsman ruled the bank was within its rights to make the changes. However, following the Court of Appeal overruling the FOS decision in respect of the West Bromwich Mortgage Company rate hike, Property118 Action Group plans to take further legal action on behalf of its member in August 2016. All Founder/Lifetime Members with mortgages affected by this lender will be invited to be part of this legal action at no extra cost.

Property118 Action Group vs Skipton Building Society

In 2010 Skipton Building Society unilaterally decided to abandon a contractual commitment to cap their standard variable mortgage rates to 3% over the bank of England base rate. An estimated 135,000 mortgages were affected, many of which had been provided via their subsidiary company Amber Homeloans. The Financial Services Ombudsman ruled the lender was within its rights to make the changes. However, following the Court of Appeal overruling the FOS decision in respect of the West Bromwich Mortgage Company rate hike, Property118 Action Group plans to take further legal action on behalf of its member in August 2016.  Again we have the legal opinion of two barristers, both of which have advised that the lender is in breach of contract and that a Court is likely to award a full refund of all payments over and above what the mortgage contract allowed for. All Founder/Lifetime Members with mortgages affected by this lender will be invited to be part of this legal action at no extra cost.

About Property118 Action Group

Property118 Action Group FOUNDER MEMBERProperty118 Action Group is not insurance based, it is more akin to a Union which utilises member subscriptions to protect and fight for the rights of its members. It does not provide legal services but will procure them where necessary.

Successes in the Courtroom enhance our public profile and drive an increasing number of landlords to seek the security and peace of mind that only Property118 Action Group membership can provide.

As many landlords have learned to their peril; when it comes to funding litigation against mortgage lenders or the Government, legal fees insurance policies often prove to be about as useful as a chocolate fire guard. Furthermore, trade bodies rarely have the necessary experience, resolve, finances or other resources to get involved in action beyond referring their members to their preferred suppliers of legal services, the authorities or Ombudsmen.

Who is Property118 Action Group For?

The UK private rented sector is often described as one of the UK’s remaining “cottage industries”.

Private landlords own around 4.8 million properties providing housing for around 22% of the adult population.

There are thought to be around two million private housing providers (buy-to-let landlords) in the UK

Private housing providers (buy-to-let landlords) often lack the experience and finances to defend their rights. Membership of Property118 Action Group provides a unique and powerful umbrella at a very reasonable price.

Letting Agents are highly reliant upon a healthy private rented sector.

Reaching the market

Successfully defending our members’ rights continues to enhance our public profile through media based PR and reporting.

ARLA (Association of Residential Letting Agents) were the first to agree to promote Property118 Action Group at their landlord exhibitions, by having roll up banners on their own exhibition stand, handing out leaflets to attendees and signing up new members. From time to time we look for volunteers from our membership to represent us at events. Obviously we cover their reasonable expenses for this.

Naturally, we encourage our members to share the advantages of being a member of Property118 Action Group through social media, talking to friends, email and so forth.

We also run quarterly competitions for Founder Members whereby the person who helps us to recruit the most members wins a 5 star holiday in Malta for a week.

In 2015 the Property118.com website had over 3 million page views from over 1.8 million unique visitors. The projection for 2016 is over 8 million page views based on the results in the first half of the year, trajectory of growth and the anticipated additional interest off the back of the win against West Bromwich Mortgage Company at the Court of Appeal.

Strategic Alliances

We continue to form strategic alliances with many more organisations representing large numbers of landlords or letting agents.

We have produced leaflets, logo’s, website widgets, and roll-up banners for use in offices, shops and exhibitions. These, along with other support in terms of copy-writing, Press Releases and joint PR are all available free of charge to any organisation that wishes to form a Strategic Alliance.

If you work with such an organisation please see this link

Updates

You can read more about our various campaign updates and strategies HERE.

Property118 Growth – 1st Jan 2011 to 31st Dec 2015

Property118 stats Jan 2001 to Dec 2015



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