The inheritance tax (IHT) residence nil-rate band (RNRB) is an extra nil-rate band (i.e., in addition to the standard nil-rate band of £325,000 for 2026/27), which could potentially shelter all or part of a deceased individual’s estate from IHT at 40% in respect of their residential property’s value, if certain conditions are satisfied.
Mark McLaughlin looks at the inheritance tax residence nil-rate band, and at some possible ways of avoiding a clawback.
The distinction between property investment and property trading drives the income tax, capital gains tax, inheritance tax and loss relief consequences of a disposal.
This article sets out how HMRC approaches the question, the badges of trade, and the key situations where reclassification risk arises in practice.
Nick Wright examines the boundary between property investment and property trading, the badges of trade, and the risk areas where HMRC may seek to reclassify an investor as a trader.
The amount of stamp duty land tax (SDLT) arising on a land transaction in England and Northern Ireland is determined by whether a property is wholly residential and its chargeable (VAT-inclusive) consideration.
Similar principles apply to the corresponding land taxes in Scotland and Wales (which are not covered further here).
Debbie Reyland looks at some recent stamp duty land tax cases involving mixed-use property that have arisen over the last couple of years.
Private residence relief is a valuable capital gains tax (CGT) relief, which means that no CGT liability arises for the period that a property is the owner’s only or main residence. Being a main residence at some point is valuable, as the last nine months of ownership (or the last 36 months where the individual is disabled or a long-term resident in a care home) qualify for the relief.
Sarah Bradford explains how to choose which residence is your main residence and when changing it can be beneficial.
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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