Tag: Jointly owned properties

A quick guide to what should be included when calculating the profit or loss for a property rental business.

Property income receipts – what should be included?

When calculating the profit or loss for a property rental business, it is important that nothing is overlooked. The receipts which need to be taken into account may include more than simply the rent received from letting out the property.

Rent and other receipts

Income from a property rental business includes all gross rents received before any deductions, for example, for property management fees or for letting agents’ fees. Other receipts, such as ground rents, should be taken into account.

Deposits

The treatment of deposits can be complex. A deposit may be taken to cover the cost of any damage incurred by the tenant. Where a property is let on an assured shorthold tenancy, the tenants’ deposit must be placed in a tenancy deposit scheme.

Deposits not returned at the end of the tenancy or amounts claimed against bonds should normally be included as income. However, any balance of a deposit that is not used to cover services or repairs and is returned to the tenant should be excluded from income.

Jointly-owned property

Where a property is owned by two or more people, it is important that the profit or loss is allocated between the joint owners correctly. Where the joint owners are married or in a civil partnership, profits and losses will be allocated equally, even if the property is owned in unequal shares, unless a form 17 election has been made for profits and losses to be allocated in accordance with actual ownerships shares where these are unequal.

Where the joint owners are not spouses or civil partners, profits and losses are normally divided in accordance with actual ownership shares, unless a different split has been agreed.

Overseas rental properties

Where a person has both UK and overseas rental properties, it is important that they are dealt with separately. The person will have two property rental business – one for UK properties and one for overseas properties. Losses arising on an overseas let cannot be offset against profits of a UK let and vice versa. Proper records should be kept so that the income and expenses can be allocated to the correct property rental business.

Furnished holiday lettings

Different tax rules apply to the commercial letting of furnished holiday lettings and where a let qualifies as a furnished holiday let it must be kept separate from UK lets that are not furnished holiday lettings. Likewise, furnished lets in the EEA must be dealt with separately from UK furnished holiday lets.

Getting it right

Good record keeping is essential to ensure that not only that all sources of income are taken into account, but also that any income received is allocated to the correct property rental business.

Partner note: HMRC’s property rental toolkit (see www.gov.uk/government/publications/hmrc-property-rental-toolkit).

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If you might want to sell a property cheaply to a family member make sure you read this first.

At first sight, the calculation of a capital gain or loss on the disposal of an asset is relatively straightforward – simply the difference between the amount received for the sale of that asset and the cost of acquiring (and, where relevant) enhancing it, allowing for the incidental costs of acquisition and disposal. However, as with all rules there are exceptions, and particular care needs to be taken when disposing of an asset to other family members.

Spouses and civil partners

The actual consideration, if any, is ignored for transfers of assets between spouses and civil partners. Instead, the consideration is deemed to be that which gives rise to neither a gain nor a loss. The effect of this rule, which is very useful for tax planning purposes, is that the transferee simply assumes the transferors base cost – and the transferor has no capital gain to worry about.

Other connected persons

While the no gain/no loss rules for transfers between spouses and civil partners is useful from a tax perspective, the same cannot be said to be true for market value rule that applies to transfers between connected persons. Where two persons are connected, the actual consideration, if any, is ignored and instead the market value of the asset at the time of the transfer is used to work out any capital gain or loss.

The market value of an asset is the value that asset might reasonably be expected to fetch on sale in the open market.

Who are connected persons?

A person is connected with an individual if that person is:

  • the person’s spouse or civil partner;
  • a relative of the individual;
  • the spouse of civil partner of a relative of the individual;
  • the relative of the individual’s spouse or civil partner;
  • the spouse or civil partner of a relative of the individual’s spouse or civil partner.

For these purposes, a relative is a brother, sister or ancestor or lineal descendant. Fortunately, the term ‘relative’ in this context does not embrace all family relationships and excludes, for example, nephews, nieces, aunts, uncles and cousins (and thus the actual consideration is used in calculating any capital gain).

As noted above, the deemed market value rule does not apply to transfers between spouses and civil partners (to which the no gain/no loss rules applies), but it catches those to children, grandchildren, parents, grandparents, siblings – and also to their spouses and civil partners.

Example 1

Barbara has had a flat for many years which she has let out, while living in the family home. Her granddaughter Sophie has recently graduated and started work and is struggling to get on the property ladder. To help Sophie, Barbara sells the flat to her for £150,000. At the time of the sale it is worth £200,000.

As Barbara and Sophie are connected persons, the market value of £200,000 is used to work out Barbara’s capital gain rather than the actual consideration of £150,000. If she is unaware of this, the gain will be higher than expected (by £14,000 if Barbara basic rate band has been utilised), and Barbara may find that she is short of funds to pay the tax.

This problem may be exacerbated where the asset is gifted – the gain will be calculated by reference to market value, but there will be no actual consideration from which to pay the tax.

Partner note: TCGA 1992, ss. 17, 18, 272, 286.

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Putting property in joint name – beware a potential SDLT charge

There are a number of scenarios in which a couple may decide to put a property which was previously in sole name into joint names. This may happen when the couple start to live together, get married or enter a civil partnership. Alternatively, it may occur if the couple take advantage of the capital gains tax no gain/no loss rule for spouses and civil partners to transfer ownership of an investment property into joint name prior to sale to reduce the capital gains tax bill.

While most people are aware that stamp duty land tax is payable when they purchase a property, they may be unaware of the potential charge that may arise if they put a property in joint names – it all depends on the value of the consideration, if any.

It should be noted that Land and Buildings Transaction Tax (LBTT) applies to properties in Scotland Land Transaction Tax to properties in Wales.

What counts as consideration?

The problem is that the definition of ‘consideration’ extends to more than just money – it also includes taking over a debt, the release of a debt and the provision of goods, works and services. So, while there may be no transfer of money when a couple put a property in joint names, if they also put the mortgage in joint names, depending on the amount of the mortgage taken on, they may trigger an SDLT charge.

Case study 1

Following their marriage, Lily moves into Karl’s house. They decide to put the property in joint names as well as the mortgage of £200,000. There is no transfer of money, but Lily assumes responsibility for half the mortgage. Lily is a first-time buyer having previously rented.

The valuable consideration is the share of the mortgage taken on by Lily, i.e. £100,000. As this is less than the first-time buyer threshold of £300,000, there is no SDLT to pay.

Case study 2

Anna has several investment properties in her sole name. She is planning on selling a property and expects to realise a chargeable gain of £30,000. As her wife Petra has not used her annual exempt amount, she transfers 50% of the property into Petra’s name to make use of this. There is a £50,000 mortgage on the property, which remains in Anna’s sole name.

There is no valuable consideration and no SDLT to pay.

Case study 3

Following their marriage, Helen moves into her new husband Michael’s home. The property is worth £700,000 and has a mortgage of £400,000. Helen gives Michael £100,000 from the sale of her previous home, which he uses to reduce the mortgage. They then transfer the remaining mortgage of £300,000 into joint name,

Helen had assumed that there would be no SDLT to pay as the £100,000 she had given Michael is less than the SDLT threshold of £125,000. However, the consideration also includes the share of the mortgage taken on of £150,000, so the total consideration is £250,000. As a result, SDLT of £2,500 (on the slice from £125,000 to £250,000 at 2%) is payable.

The whole picture

It is important to look at the whole picture when putting property in joint names – sharing the mortgage may trigger an unexpected SDLT bill.

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