Unfair UK taxation of privately owned rental PROPERTY businesses

Unfair UK taxation of privately owned rental PROPERTY businesses

23:09 PM, 7th March 2023, About A year ago 18

Text Size

I’ve written this post in response to an article that appeared this weekend in The Guardian entitled “Landlords accused of ‘making up stories’ in drive to change UK tax rules”.

What a load of tosh that article was! Nothing more than twisted words to suit the narrative of a left-wing rag, but the link is here if you really must torture yourself.

The reality is that all businesses in the UK are subjected to various forms of Taxation. Surely the correct question to be asking is whether or not there is a fair and level playing field when it comes to taxation.

However, property rental businesses, especially privately owned ones, have a much tougher deal when it comes to tax.

For example: –

Private car rental business owners can offset 100% of finance costs against rental income but private rental property business owners cannot

Private car rental business owners can sell their business and roll 100% of the sale proceeds into almost any other form of business to defer capital gains tax, but private rental property business owners cannot. Instead, private rental property business owners must first pay Capital Gains Tax and can then only invest whatever is left over.

Private car rental business owners can gift their business to the next generation without taxation consequences before or after death, but rental property business owners cannot. Instead they have to pay Capital Gains Tax if they do this whilst they are still alive and Inheritance Tax after they have died. If they gift their business and then die within three years they could actually end up paying both the full amount of Capital Gains Tax AND Inheritance Tax.

The only reason I used a car rental business as a basis for the comparison to privately owned property rental business is that they are both rental businesses. However, the rules applied to car rental businesses also apply to every other form of business other than rental property. How unfair is that?

I have written several blogs showing further unfairness. Another one shows the income tax differences between private housing providers and private hoteliers.  You can read that article via THIS LINK.

Below are links to a couple more: –

Why Might UK Landlords Consider a Partnership?

LLP structure reduces landlords tax bill by 85% – CASE STUDY

Forget waiting for the Government to level the playing field or make things easier for you, that’s highly unlikely to happen in our lifetimes.

However, we have 10 tax consultants and five barristers waiting to help you navigate the complex legislation and processes to substantially improve your position from now on, so what are you waiting for?

Book a Landlord Tax Planning Consultation

  • Hidden
  • Hidden
    Please provide an overview of your circumstances and what you are looking to achieve.
  • For the avoidance of doubt, we are able to assist landlords who own properties in England, Northern Ireland, Scotland and Wales. Where you reside is not a problem, even if you are resident outside the UK.
  • Landlord Tax Planning Consultancy is the core business activity of Property118 Limited (in association with Cotswold Barristers).

 

 

 

Download our free eBook by clicking on the image below


Share This Article


Comments

SCP

19:45 PM, 10th March 2023, About A year ago

Thank you, Mark, for commenting so promptly.
I have held you in high regards ever since I learnt a bit of your history (which you reveal from time to time).
It may surprise you that I was called "completely mad ... or clueless," or running a "charity" and most absurdly as of being "parasitic" by members of this platform.
All I said was: it reveals your character.
I did not respond further.

Mark Alexander - Founder of Property118

20:38 PM, 10th March 2023, About A year ago

Reply to the comment left by SCP at 10/03/2023 - 19:45
If that ever happens again please click on the “report comment” link to bring it to our attention.

We reserve the right to delete comments or even ban people from further commenting

Katy Ann

11:14 AM, 19th March 2023, About A year ago

The assets used in a car rental business are generally depreciating assets. Property on the other hand has historically been a hugely appreciating asset, meaning that property owners are seldom exposed to risk of capital loss in the way that owners of other businesses are. If an entrepreneurial business can’t cover its costs and the business folds, the owner stands to lose all their money. If a landlord can’t cover their costs then they've still got the property available to sell if necessary. So it’s always felt reasonable to me that the tax treatment should be different. I’m speaking here both as a landlord and as an owner of a (non property) business.

Mark Alexander - Founder of Property118

23:25 PM, 19th March 2023, About A year ago

Reply to the comment left by Katy Ann at 19/03/2023 - 11:14
I follow your logic using the car rental company example but in many businesses the value of assets do appreciate, e.g. care homes, pubs, hotels B&B's, campsites, marina's etc. etc.

Those businesses are all service business that are not too different to property rental businesses either. For example, a person who rents a mooring at a marina will probably be on a similar contract terms to a tenant renting a home from a landlord. Obviously without anywhere near as many regulations attached but that’s another story altogether.

SCP

14:51 PM, 20th March 2023, About A year ago

Reply to the comment left by Katy Ann at 19/03/2023 - 11:14
Your view is interesting, and certainly explains the historic reasons for the tax system.
If your property (or Capital, as I prefer to call it in this context) is not appreciating, you cannot obtain vacant possession, and is not producing income (either a loss or a trifling amount chargeable to tax), you will complain bitterly - not that it will do you any good.
I purchased some property (when interest rates were around 15%). Rent Tribunals existed and there was always security of tenure for the tenant (no guaranteed vacant possession).
There were limited cases where VP could be obtained (I used these). There were tax breaks with LAPR and gross interest deduction.
I always injected my own income from other sources.
Why? To build up Capital in 10 years with the Tenants' help.
Today, LLs want to go skiing on the backs of Tenants on HB and UC (in other words, thanks to taxpayers like us).
My granddaughter goes to Val d'Isere, thanks to the sacrifice of her grandfather.

SCP

15:11 PM, 20th March 2023, About A year ago

Reply to the comment left by Mark Alexander - Founder of Property118 at 19/03/2023 - 23:25
As I understand it, Katy Ann was stating the historic difference between "Land" and "trade or business", which sprouted different taxation of income from those sources.
This has continued with tinkering or even substantial changes, which are considered detrimental in the case of Land or Property.
You are proposing that Property (or Land) should be treated as Business.
My recollection is (please correct me, if I am wrong) that one of the arguments for the HA 1988 and s.21 was to increase the mobility of labour in England, as compared to the States.
The AST was never intended as a permanent solution qua tenant. The AST tenant was always assumed to be part of effective demand in his own right.
Everybody got on the band wagon, and property was seen as a road to riches.
Now there is a new breed of AST Tenant (with HB and UC).
We need new models to deal with the Tenants with effective demand with or without state or taxpayer assistance.

Mark Alexander - Founder of Property118

15:48 PM, 20th March 2023, About A year ago

Reply to the comment left by SCP at 20/03/2023 - 15:11
Very interesting point.

How do you suggest these models might differ?

SCP

19:32 PM, 20th March 2023, About A year ago

Reply to the comment left by Mark Alexander - Founder of Property118 at 20/03/2023 - 15:48
Thank you.
At my age, I am no longer interested in making money or in property (which bores me intensely), but try to keep up to date on a needs to know basis only.
However, if someone is serious, we could work together.
I understand that there is chat gpt 4, which is excellent.
If anybody has the professional version, I would start by asking it, and then taking it from there.

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now