Establishing the legal owner of property is relatively straightforward, as details are generally available from the Land Registry (NB this article relates to a property in England, Wales or Northern Ireland, but not Scotland).
Mark McLaughlin looks at the beneficial ownership of jointly-owned property where one of the owners purchases additional interests in the same property from another joint owner.
The Spring Budget 2024 on 6 March 2024 announced that multiple dwellings relief (MDR) from stamp duty land tax (SDLT) would be abolished for purchases from 1 June 2024, albeit with provisions to protect ‘slow’ contracts exchanged on or before Budget Day but not completed by 1 June 2024.
Lee Sharpe looks at the abolition of multiple dwellings relief, why it happened, and what options remain for landlords buying residential property.
All sources of rental income, be they commercial or residential lettings, furnished or unfurnished, or holiday lettings, are regarded as being derived from the same single property rental business (except for EU lettings, which are separate activities).
Jennifer Adams considers the tax implications for landlords when a tenant leaves.
For tax purposes, all expenditure is not equal, and different rules apply to the treatment of capital expenditure and revenue expenditure.
Sarah Bradford explains how to determine whether expenditure on replacing a roof is revenue or capital, and why it matters.
Property partnerships seem popular these days – typically, as a stepping-stone to greater things. Regular readers will know that I have long criticised HMRC’s published position on whether a property partnership exists, as distinct from simply co-owned property. My argument is that HMRC has drawn up its guidance to set an unreasonably high threshold to ‘make the grade’ as a partnership.
Lee Sharpe looks at whether a joint property letting activity amounts to a partnership, and why it is relevant to landlords.
Most people do not expect to have to pay capital gains tax (CGT) when they sell their home. Private residence relief (also known as main residence relief or principal private residence relief) normally applies in full when the property has been the taxpayer’s only or main residence throughout the whole period for which they have owned it.
Sarah Bradford outlines the concept of a ‘main’ residence for capital gains tax purposes.
The government (HMRC) has become increasingly worried about the volume of small and medium-sized enterprise research and development (R&D) tax credit payments where a company claims to have undertaken eligible R&D activity (and it is important to keep in mind that only certain types of R&D may qualify – there are a lot of criteria).
Lee Sharpe looks at tax aspects of modernising property and the risk of disallowance as improvements that constitute capital expenditure, losing income tax relief in the property business.
Whether to buy commercial or residential property depends on various factors, not least the more beneficial tax system for commercial lets and whether an individual or a company is purchasing the property. The government wishes to encourage commercial lets and therefore permits a more generous tax regime than residential lettings.
Jennifer Adams considers some important tax benefits of investing in commercial property.
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