Is it possible to avoid the 40% tax on rental profits?

Is it possible to avoid the 40% tax on rental profits?

10:50 AM, 9th June 2015, About 9 years ago 22

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I am nearing completion on my first BTL. I am in the 40% tax band and therefore I will have to pay 40% tax on my rental income.

The property is solely in my name but is it possible for the rent to be paid to my wife as she gets taxed at 20%. I’m guessing this isn’t possible or everyone would be doing it but wanted to pose the question. Is it possible for me to avoid higher rate tax on rental payments

The other option I’m looking at is forming a company so I only have to pay corporation tax saving me around 20%. Again, is this possible as the mortgage is in my name and under the leasehold agreement I’m not allowed to sub-let?

Any advice or other ideas so I’m not ‘losing’40% of my rental profit would be appreciated.

Thanks,

Mark Harwood


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Comments

8:50 AM, 21st July 2015, About 9 years ago

Reply to the comment left by "Mark Alexander" at "09/06/2015 - 10:57":

Hi Mark,

I was interested in your comment about the Declaration of Trust

I have several buy to let properties. My wife does not work and the rent is our main income so I am thinking about doing a Declaration of Trust on each property to help off set the new rules regarding interest payments.

My question is if I make a Declaration of Trust on all my properties would I be able to split the profits with my wife for tax purposes?

Are any pit falls when using this method? For example I have been told that it may breach my mortgage conditions.

Any advice would be much appreciated.

Randolph

Alison King

14:52 PM, 3rd October 2015, About 9 years ago

Is it feasible to reduce tax by making a declaration of trust between a parent and daughter, rather than a spouse? And would it be regarded as tax avoidance if the declaration was rescinded if their financial circumstances were later reversed, such as if the parent retires and the daughter leaves uni and begins a career?

Mark Alexander - Founder of Property118

8:45 AM, 4th October 2015, About 9 years ago

Reply to the comment left by "Alison King" at "03/10/2015 - 14:52":

If there has been an increase in capital this could result bin a liability to CGT arising so please take professional advice.

Your mortgage conditions will also need to be checked.
.

Alison King

14:33 PM, 4th October 2015, About 9 years ago

Reply to the comment left by "Mark Alexander" at "04/10/2015 - 08:45":

Thanks Mark, good points, though the property is in the North where prices are lower and flatter compared to the SE so I don't think CGT would be a big issue and I remortgage every two years in any case.
However I'm worried about potential loss of control and there are ethical considerations too that worry me. Much to think about I feel.

Jon Pipllman

19:30 PM, 4th October 2015, About 9 years ago

Reply to the comment left by "Alison King" at "04/10/2015 - 14:33":

>Alison King

If you plan on continuing to remortgage every two years, you might want to read a bit about Basel III

It might / might not cause you to rethink that part of your strategy, but it is better to take it into consideration

Alison King

20:48 PM, 4th October 2015, About 9 years ago

Reply to the comment left by "Jon Pipllman" at "04/10/2015 - 19:30":

Hmmm... I've just Googled that and even "Basel III for Dummies" is gobbledigook to me. I remortgage every two years because that's when the fixed rate runs out and I want to make sure I always get the best deal. It's also a chance to pay off some of the loan without incurring a penalty, should I choose to do that.

Jon Pipllman

20:58 PM, 4th October 2015, About 9 years ago

I can make it simpler than Basel III for Dummies

From the end of 2017 interest rates on BTL mortgages are very likely to be higher than they are now. Maybe quite a bit higher.

I am in no position to offer advice, but I do think it is worth the effort to get to a point where it isn't gobbledygook to you before you enter into any mortgage that ends around the end of 2017 or soon after.

Alison King

21:15 PM, 4th October 2015, About 9 years ago

Reply to the comment left by "Jon Pipllman" at "04/10/2015 - 20:58":

That will be three of mine then. But interest rates have been forecast to go up in two years time for the last five years at least, and I do think I am reasonably prepared for that. Does Basel III make it more likely?

Jon Pipllman

21:34 PM, 4th October 2015, About 9 years ago

in a word yes

not necessarily interest rates across the board, but specifically for BTL

Alison King

22:02 PM, 4th October 2015, About 9 years ago

Reply to the comment left by "Jon Pipllman" at "04/10/2015 - 21:34":

Well, I've had another browse about and my best assessment is "Low LTV = good, high LTV = possibly bad depending on the outcome of ongoing negotiations by the council of mortgage lenders".
Yet another reason for those in that situation to reconsider their strategy?

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