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Simon Dewsberry

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About Simon Dewsberry

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  1. Hi Hope all is well with you - George porgie is about to cause more chaos than even he envisaged i think ...still look at the implications of the new rip off regime that only applies to individual LL , not corporate structures . and only resi not HH lets or commercial lets ...well bend me over george ..
  2. Havent been on here for a while ! There are some very serious ramifications of the new budget plans. Interest is no longer deductable from rent leaving bigger portfolio landlords moved upto 3 key nasty triggers: 1. from 20% to 40% band 2. more than 100K and then you will start to lose your personal allowance 3. 40% to45% tax band also we will lose 10% wear & tear allowances on furnished props When you have your rent less deductable allowances that would appear to set your tax band - you may then subtract a flat 20% of mortgage interest (and other prop related finnce interest) from the tax due Analysis and examples of how the restriction of relief on buy to let mortgage interest will affect landlords. By now I am sure you are all aware of the buy to let “bombshell” within the Chancellor's Summer Budget - the proposal to allow income tax relief on BTL finance costs at the basic rate of tax only - but I thought it might be helpful to show how this will affect the net (after tax) returns to landlords. At this stage this is just a “Policy Paper” and I am sure there will be considerable debate with interested parties before this is implemented. However, for now we have to assume that it will be implemented as proposed starting in 2017/18. So the good news is that for the next 1.75 years there is no change in the buy to let mortgage interest relief although a separate measure will get rid of the 10% “Wear and Tear” tax allowance for furnished lettings with effect from April 2016. In looking at the impact of the proposals for interest relief I shall consider only the situation once the proposed measures come into effect fully in 2020/21 – during the preceding three years there is a “tapered” introduction of the measures. For the sake of easy arithmetic I shall assume that in 2020/21 the personal tax allowance is £12,000 and the basic rate band is £38,000, meaning that the higher rate band starts at £50,000. Three examples of how it works So let us consider three examples of somebody who owns a property worth say, £250,000 receiving a rent of £17,000 before letting and other costs of £2,000 and who has a mortgage of £180,000 with an interest cost of £9,000. Thus profit before rental interest is £15,000 and after interest it is £6,000. Note the proposed buy to let restriction relates to “finance costs” not just interest – so lender application fees would appear to be covered by the proposals too. Example 1 Mr A earns a salary (or if self-employed has a taxable profit) of £25,000. His “before” and “after” situation is as follows. % Tax Current Rules Budget Proposals £ Tax £ Tax Salary £25,000 £25,000 Taxable rental profit £6,000 £15,000 Taxable income / profit £31,000 £40,000 Tax band Tax band Tax at 0% £12,000 £0 £12,000 £0 20% £19,000 £3,800 £28,000 £5,600 Less tax relief on interest 20% £9,000 -£1,800 Total tax £3,800 £3,800 In other words no change in the overall tax liability for this basic rate taxpayer. If Mr A was an employee suffering PAYE on his salary he will have already paid £2,600 of PAYE leaving him £1,200 of tax to pay on his rental income – i.e. 20% of his taxable rental profit of £6,000. Example 2 Miss B earns a salary of £75,000. Her position is altered as follows: % Tax Current Rules Budget Proposals £ Tax £ Tax Salary £75,000 £75,000 Taxable rental profit £6,000 £15,000 Taxable income / profit £81,000 £90,000 Tax band Tax band Tax at 0% £12,000 £0 £12,000 £0 20% £38,000 £7,600 £38,000 £7,600 40% £31,000 £12,400 £40,000 £16,000 Less tax relief on interest 20% £9,000 -£1,800 Total tax £20,000 £21,800 In this case her total tax bill has gone up by £1,800 due to the restriction on interest relief to 20% on £9,000 of interest expense – so £9,000 x (40% - 20%). She will have already paid £17,600 of PAYE and so the tax on her net rental income of £6,000 has effectively risen from £2,400 (£20,000 - £17,600) to £4,200 (£21,800 - £17,600) – an effective tax rate of 70% on her net profit. Example 3 Mrs C might hope that she is not affected by the change since her salary is £43,000 – which together with her rental profit of £6,000 leaves her below the higher rate threshold of £50,000. But as the following example shows she does get caught by the restriction. % Tax Current Rules Budget Proposals £ Tax £ Tax Salary £43,000 £43,000 Taxable rental profit £6,000 £15,000 Taxable income / profit £49,000 £58,000 Tax band Tax band Tax at 0% £12,000 £0 £12,000 £0 20% £37,000 £7,400 £38,000 £7,600 40% £0 £0 £8,000 £3,200 Less tax relief on interest 20% £9,000 -£1,800 Total tax £7,400 £9,000 Mrs C will suffer an additional £1,600 of tax as her gross income including her rental profit before tax deduction will be £58,000 – so her additional tax is £8,000 x (40% - 20%). What should BTL investors do about this? If an investor is considering buying a new rental property with a buy to let mortgage then they should consider making the investment through a limited company as there is currently no proposal for restricting the deduction of financing costs within companies. Indeed I struggle to think how this could be done without fundamentally changing corporate tax law. It is worth pointing out that the HMRC proposal is headed “Restricting finance cost relief for individual landlords” (my emphasis) – so it would appear that HMRC is well aware that corporate buy to let investment is not affected. Whilst there are some costs associated with running a limited company these are small compared with the potential savings. Landlords with an existing portfolio and who are likely to have additional tax to pay under the proposals have just under two years to consider how best to counter this measure – whether to: Sell up, or Transfer the property into a limited company (which would involve paying Stamp Duty Land Tax and potentially Capital Gains Tax on the sale – as well as arranging a new mortgage), or Do nothing and pay any additional tax. We will be issuing further guidance in this area once the dust has settled but please note that Whilst the measure is only fully effective in 2020/21, it starts in 2017/18 with one quarter of the interest being restricted to basic rate tax, rising to one half in 2018/19 and three quarters in 2019/20; and There are provisions in the proposals to ensure that the new rules are not more generous than the existing deduction – for instance in years when letting shows a loss. http://www.mortgagesforbusiness.co.uk/news-insight/2015/july/how-the-restriction-of-relief-on-btl-mortgage-interest-will-affect-landlords/ it is going to have far more impact than most people seem to think...even for 20% band tax payers.
  3. ..is this because of the T ..or because the prop needs repair ? If all works now done then rtn should improve - if T is causing problems (costs) then get a new T !! Look at all finanicial aspects and see what can be improved - do you need a letting parasite ?, sorry - agent ! they are expensive and serve no useful purpose (in my mind !) ...unless you like giving money away !! Can prop be split/ developed/improved etc to raise more income ? you are the beginning of this question not the end !
  4. That is the one i use - but thanks for that !
  5. ....more ifo required ..... If agreement not AST then no requirement to protect deposit exists.
  6. Excellent thread !! I have to explain resetting regularly to Ts. RL - v interested in which one of these you use : See pamphlet 'Controlling Condensation & Mould' already supplied.
  7. If live in LL and shared facilities (Kitchen) then T is no more than a lodger. 1.Exactly what is it that is supposed to be illegal ? 2.What is uncommon ? Door locked - chargeable if you have receipt/invoice for works/parts involved in repairing it. Kitchen doors loose - wear and tear. If damaged by excessive "slam" damage then chargeable with supportin invoice for repair. Worktop will prob come under w/t or at best 50/50 with depreciation Sink doors - if " not well supported" - your problem ! If utility expenses are detailed as 50/50 in agreement and you can produce records of total cost then chargeable. What is the obscure rule that says T does not have to pay ? Altho this sounds very much like a lodger on a licence - if you have set it up as an AST it would have been prudent to protect the deposit - have you done this ? How you contest it will depend on how you have set it up ! If you have T on licence - no AST and not protected dep then you can just keep the o/s cash and let T sue you for it. If you Have set up an AST and protected dep then it will depend on wether you have used the custodial scheme or the insured scheme. If you have this as an AST and NOT protected deposit then i would not dispute it - just give it all back asap - as T will sue yo for 3x dep as a fine PLUS dep back !
  8. I wont be Bashful, this is making me Sleepy Doc, this is an (Sn)eezy problem to sort out Dopey
  9. I would not be that generous - you will come accross as a pushover and will leave the tenant dreaming up the next problem "with compensation". £10 with "have a drinkon me for the inconvenience" is further than you need to go. Legally you are no obligation whatsoever to offer anything. If you insist on giving away percentages then 5% discount per day is more than generous. rent average £650 x 12 /365 x 8 x 0.05 = £8.54 how much are these worth: the fridge not working iron kettle toaster blown light bulb stiff door dirty door mats etc...................................... don't create a rod for your own back Note: there are some very experienced LL with large portfolios giving exactly the same advice to you here !!!!!!
  10. there are many that just keep changing parts until the boiler works again - when no parts are actually needed. The "domino effect" apparently, one faulty part mkes another die as well.........bit like - " if i punch you on the nose, you will fall over Mr half wit engineer, shall we try it ???!!!"
  11. .....i would also state that the offer is one of goodwill and to keep the peace and for no other reason .......and let them enjoy their blood wine/meal Lambrini is really nice ...as is cod & chips from the local chippy :D
  12. .....Scottish law is different to E&W
  13. Hot water - if no electric shower then T had use of a kettle (inconvenient yes but a source) Compensation - they were missing HW/CH NOT the use and facilities of the whole property so i wouldn't be giving them 100% rent per day discount. Alternative Heating seems to have been provided so non starter. You did everthing in you power in smart time. They may also moan that there lecky bill has increased due to ineffecient heaters - but then their gas bill will have droppe as well !! I would offer them the cost of a nice bottle of wine or the cost of a meal for 2 if you are feeling generous ..............or a S21 !!!!!!!!!!!!!!! You are not obliged to offer them anything.
  14. I mean give this as the ans to "is T in arrears ?" !!!
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