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Here is what our tax experts are sharing with you in this month's magazine:

 

  • New for Old! The End of the Renewals Allowance

    The tax legislation provides for a deduction for the cost of renewing “trade tools” (see ITTOIA 2005, s 68). The legislation is considered to refer only to small items such as hammers, chisels and so on, but by concession the relief has been extended to any items of plant and machinery.The allowance works on the basis that you cannot have a deduction for...
  • Claiming Travel Costs in Property Rental Businesses

    A rented property portfolio may not be placed in the same street or even the same town as your main residence or place of work. Travel from one property to another, as the landlord dealing with problems as they arise, does cost. That cost is allowed as an expense against rental income received.The treatment of travel expenses is similar to that as incurred...
  • What is a `dwelling house’ and Why Does it Matter? 

    At first sight, it would seem that the answer to the question `What is a dwelling house?’ is pretty straightforward. Most people would have a clear idea of what they regard as a house and as a dwelling. The Oxford English dictionary defines a `dwelling house’ as a house used as a residence, not as an office etc.  `Residence’ is defined as...
  • Use it or Lose it! Flat Conversion Allowance

    There is a special relief that allows significant tax write-offs for the cost of getting disused flats over commercial premises back into letting condition. This article will cover the basics of what could, for many property owners, prove to be a potentially valuable tax break. But be warned...
  • Tax Insider: Tax Tips
  • Tax Insider: Your Property Tax Questions Answered by Arthur Weller
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Property Tax Insider is aimed specifically at anybody who is involved in property.

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Back to Questions
« Previous Question 24 of 28 Next »

Can I Claim Mortgage Relief for the Period of Trying to Sell My Property?

I unsuccessfully tried to sell a rental property over a period of 9 months (various buyers dropped out for various reasons!). The property was untenanted (i.e. vacant possession for sale) after the first 2 months of the 9 month period but is now rented again. 

 

Can I claim mortgage interest relief for the period in which I was trying to sell the property but had not instructed the letting agent to market the property.

 

Arthur Weller Replies:


On page PIM2105 of the Revenue Property Income Manual the Revenue say:


"A property may be let for short periods in a tax year or only part of it may be let throughout a tax year (or both); the rest of the time the property is used for private or non-business purposes. Here the interest charged on a qualifying loan on that property has to be split between the rental business use and the private or non-business use. The split is done in whatever way produces a fair and reasonable business deduction, taking account of both the proportion of business use and the length of business use.

 

You don’t have to split the interest if the taxpayer is genuinely trying to let the property but it is empty because they have not been able to find a tenant. In this case the interest will meet the ‘wholly and exclusively’ test. It won’t meet this test if they have not been trying to let the property or they have been using it for private or non-business purposes.”


It would appear from this that if in a period you were not trying to let the property then for that period of time you cannot claim mortgage interest relief.

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