Elizabeth Colman
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If you are worried that you may be one of the 80,000 buy-to-let owners that the Revenue & Customs is targeting, there is plenty you can do before the letter lands.
You should contact your mortgage lender to find out if you have an interest-only mortgage or, alternatively, if your monthly payments repay any of the capital borrowed in addition to the interest on that amount.
If your buy-to-let mortgage is entirely interest only, then you are probably paying the right amount of tax. If your lender informs you that there is a capital repayment element in your mortgage, then you may be paying too little tax.
The Revenue is likely to look more favourably on those who seek to rectify any shortfall in their tax bill, so it is a good idea to make an appointment to see a tax inspector or at least speak to them on the phone.
Coming forward does not automatically mean you will face financial penalties or prosecution, and it is at the tax inspector’s discretion how big a penalty you may be charged, if any, and over what period of time you have to pay back any outstanding tax. For this reason, it is better to approach the Revenue first in attempt to show willingness.
Provided that any error was not deliberate (for example, if the terms of your mortgage were so complicated that you had only just realised you were also paying off some of the capital) you may walk away with no more than a bill for the unpaid amount and a slap on the wrist. But you will need to supply all financial records covering the period when incorrect tax was paid, for a minimum of the past six years.
If you have been told in the past that you incorrectly calculated your deductions, or had previous discussions with the Revenue on the topic, it is likely that you will be charged penalties and interest. Penalties are calculated as a percentage of the full amount of unpaid tax, and a penalty of 100 per cent can apply. In most cases your tax inspector has the discretion to decide if you will be charged both penalties and interest. He can also help you to work out the tax bill.
Those who are likely to be fined and charged interest can apply for a discount on the amount under a limited offer from the Revenue. The offer, which is on the table until June 22, is part of a scheme to encourage voluntary disclosure by those who owe tax on offshore bank accounts.
If the Revenue deems that you are eligible for the scheme, your penalties will be reduced to 10 per cent of the tax owing, but you must then repay the full amount by the end of the year. You can apply for the scheme by visiting the Revenue & Customs website. Again, you will need to supply records going back six years.
If you have set out deliberately to defraud the taxman you are likely to face prosecution and it is advisable to seek legal as well as accounting advice. Be aware that the Revenue is permitted to investigate your tax affairs dating back 20 years and can issue an assessment for unpaid tax over that period.
Market 2006
— 330,000 number of buy-to-let mortgages taken out, up by 48% on 2005
— £38.4bn total value of those mortgages, up 57% on 2005
— 11% proportion of total new lending taken up by buy-to-let loans
— 850,000 total buy-to-let mortgages
— £94.8bn current value of buy-to-let market
— 0.59% percentage of buy-to-let mortgages in arrears, as against 0.89% for the mortgage market as a whole
— 1,636 number of properties repossessed/receiver appointed
Source: Council of Mortgage Lenders
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I know teachers and nurses etc all do a good job and get padi a relatively low wage. However, surely part of the consideration of going into any career is the level of salary you would earn. Therefore if owning a half decent home is important to you, then quite simply choose a better paid career.
Granted, this attitude would lead to a shortage of these key workers, but this would only push up their salaries. When I was choosing a career 10 years ago I had to work out the trade offs between earnings and job satisfaction etc and in the end I chose a higher paid career (but quite tedious) and I can therefore afford an ok home.
Had I chosen something equally hard working but no doubt more interesting, like nursing, I would have had to accept that I would not be able to afford the property I have today and to be honest I would not moan about it to anyone else who had made different choices in life.
Caroline, London,
There is something morally dubious about owning, and profiting from, several homes when we are facing a severe housing shortage. Many people now cannot afford a house at all, or even to rent close to where they work and end up having to commute for hours a day. There are other ways of investing one's hard earned cash which do not impinge on the lives of others. The truth is we are all part of a society and it is deeply anti-social to engage in such an activity at this time. A tax, or at least withdrawl of tax relief, for second homes could be used to help pay the debt to society which BTL landlords owe and I too would support it.
M, London,
The Inland Revenue's Practitioner Series Booklet IR 150 Taxation of rents was (and still is) my bible. I found it invaluable when completing my self assessment. I want to know when the Inland Revenue will re-issue it given their new hard line position which is incompatible with their revised approach to making information accessible to self-assessrs.
Graeham Smith, Winchester, Hampshire
This is so typical of this British government. They lost billions on crap gold deals, wasted billions more on their stupid reforms, screwed up the pension system, and when it comes to pay the bills, they turn on ordinary people doing nothing more than planning for their retirement security. I have NO IDEA whether I've been paying the right taxes on my 2 buy-to-rent properties as I did repayment mortgages and I just claim the same amount the bank charges me because that is what they told me to do when they offered me the mortgages. In this situation, who is liable then?
Sam Priest, London,
I found your article very worrying having had a repayment mortgage for a number of years and claiming relief on the INTEREST element only of the repayment. I therefore contacted my local tax office and was reassured to learn that I have been quite correct in my approach. Your article however seems to suggest that I would only be able to claim relief if I had an interest only mortgage. This is misleading!!!
Caelia Pinkney, Leicester,
Clearly Neal in York hasn't been affected by the pensions disaster Gordon created.
All buy to let landlords I know have been trying to proactively take responsibility to improve their future as a result of having their trust betrayed in the pensions system they supported all their working lives. Why is this so shameful?
Alison, Manchester,
I have sympathy but that's capitalism. Capitalism is greedy and immoral (unless rules are imposed on the market). If you support capitalism don't moan if you get crapped on by richer people. THAT IS WHAT CAPITALISM DOES.
I have made a small fortune out of buy-to-lets. As an experienced investor all of my mortagages are on a fixed 10 year mortgage. A crash is irrelevant to me as I have no intention of selling for another 20 years. The only thing that would concern me is a shortage of tenants. In London that's nigh on impossible.
Damian McCarthy, London, UK
You're a sad person, Neal, York - why shouldn't I have a second home? I worked for the money, I pay all the tax I should, I pay Local Taxes for 2 houses when I can only live in one at once (just like I have 2 cars and pay insurance and road tax twice even though I can only drive one at a time). So grow up - people who work hard like me should have the right to do what they like with their earnings, not have it taken off them to pay for scroungers, of whom there are many these days.
Stuart, Redcar,
Unfortunalty this does not go far enough. What's needed is a new tax on second homes. So these anti social and greedy people have to sell up (prefably all at once so the market dives for a couple of years).
Neal, York,
This incompetant so called government have already knackered the pensions in the UK, the residential market with hips and are now going for the hat trick to kill off the rental market. Well done NuLab and HMRC
Stephen, Bristol,