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on landlords’ income, such as being able to offset their mortgage costs against their tax bill, have gradually been withdrawn– and buy-to-let owners are now wondering whether the numbers still add up.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

How to avoid taxes from rental income? ›

Renting your house or vacation home for less than 15 days keeps you from having to pay taxes on a single cent of income you received from your short-term rental, but rent your home for just 15 days, or more, and you'll pay income tax on the whole amount, including the first 14 days.

How do real estate investors avoid taxes? ›

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

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 ...

How to maximize tax deductions on rental property? ›

Here are additional deductions real estate investors with rentals may be able to take as well:
  1. Repairs and Maintenance.
  2. Insurance.
  3. Property Management Fees.
  4. Supplies.
  5. Utilities (Oil, Gas, Electric, Water, Phone, etc.)
  6. Home Office Expenses.
  7. Travel Expenses.
  8. Snow Removal, Landscaping, Pest Control, etc.

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.

Can I deduct a mortgage payment from rental income? ›

If you receive rental income from the rental of a dwelling unit, there are certain rental expenses you may deduct on your tax return. These expenses may include mortgage interest, property tax, operating expenses, depreciation, and repairs.

How much rental income is tax free in the USA? ›

How Is Rental Income Taxed?
2023 Tax Brackets
2023 Tax RateSingle FilersMarried Filing Jointly
10%$0 to $11,000$0 to $22,000
12%$11,000 to $44,725$22,000 to $89,450
22%$44,725 to $95,375$89,450 to $190,750
4 more rows

Why can't I deduct my rental property losses? ›

Rental Losses Are Passive Losses

This greatly limits your ability to deduct them because passive losses can only be used to offset passive income. They can't be deducted from income you earn from a job or investments such as stock or savings accounts.

What is a simple trick for avoiding capital gains tax on real estate investments? ›

Use a 1031 Exchange

A 1031 exchange, a like-kind exchange, is an IRS program that allows you to defer capital gains tax on real estate. This type of exchange involves trading one property for another and postponing the payment of any taxes until the new property is sold.

How do millionaires avoid estate taxes? ›

Transferring depressed assets during a market slump

The long-favored grantor-retained annuity trusts (GRATs) can confer big tax savings during recessions. These trusts pay a fixed annuity during the trust term, which is usually two years, and any appreciation of the assets' value is not subject to estate tax.

At what age do you not pay capital gains? ›

Since the tax break for over 55s selling property was dropped in 1997, there is no capital gains tax exemption for seniors. This means right now, the law doesn't allow for any exemptions based on your age. Whether you're 65 or 95, seniors must pay capital gains tax where it's due.

What is a good example of a loophole? ›

A loophole is an absence or something vague in a rule or law that allows a person to avoid punishment, as in I was able to keep an alligator in my apartment thanks to a loophole in the housing rules that said only “no dogs allowed.” Loopholes often result from poor wording or vague language in a rule or law.

What is an example of a legal loophole? ›

Legal Loophole Example: Food chain franchises don't count as joint employers, so workers can't bargain wages and conditions with parent corporations, only individual store owners.

What is prop 19 loophole? ›

Prop. 19 would eliminate a loophole that has allowed the children and grandchildren of original property owners to avoid paying market-value taxes on a property that is not their primary residence.

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.

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? ›

Mortgage Interest

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.

Can I deduct rental property expenses and take the standard deduction? ›

Good news: You can claim the following rental property tax deductions whether you take the standard deduction or itemize. That's even true for expenses with limited deductions on personal returns, like property taxes.

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