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Landlords with undeclared Income

The Let Property Campaign provides landlords who have undeclared income from residential property lettings in the UK or abroad with an opportunity to regularise their affairs by disclosing any outstanding liabilities whether due to misunderstanding the tax rules or because of deliberate tax evasion. Participation in the campaign is open to all residential property landlords with undisclosed taxes. The campaign is not suitable for those letting out non-residential properties.

Landlords who do not avail of the opportunity and are targeted by HMRC can face penalties of up to 100% of the tax due together with possible criminal prosecution. Taxpayers that come forward will benefit from better terms and lower penalties for making a disclosure. Landlords that make an accurate voluntary disclosure are likely to face a maximum penalty of 0%, 10% or 20% depending on the circumstance, and these costs would be in addition to the tax and interest due. There are higher penalties for offshore liabilities. 

There are three main stages to taking part in the campaign are notifying HMRC that you wish to take part, preparing an actual disclosure and making a formal offer together with payment. The campaign is open to all individual landlords renting out residential property. This includes, amongst others, landlords with multiple properties as well as specialist landlords with student or workforce rentals. Once HMRC have been notified of the wish to take part in the campaign, landlords usually have 90 days to calculate and pay any tax owed.

HMRC’s guidance for landlords wishing to make a disclosure has recently been updated to provide further information about who is affected by the Let Property campaign and how to notify HMRC.

Seven year rule still applies – IHT PETs

There are specific rules regarding the liability to Inheritance Tax (IHT) on gifts made during a person's lifetime. In most cases, gifts made during a person’s life are not taxed at the time they are given.

These lifetime gifts are referred to as "potentially exempt transfers" (PETs). The gift becomes exempt from IHT if the giver survives for more than seven years after making the transfer, commonly referred to as the seven year rule. There were expectations that this rule might have been changed as part of the Budget measures, but no changes were made.

If the giver dies within three years of making the gift, the IHT treatment is as if the gift was made upon death. If death occurs between three and seven years after the gift, a tapered relief applies.

The IHT rates on the amount exceeding the IHT nil-rate band are as follows:

  • 0 to 3 years before death: 40%
  • 3 to 4 years before death: 32%
  • 4 to 5 years before death: 24%
  • 5 to 6 years before death: 16%
  • 6 to 7 years before death: 8%

If you give away an asset but continue to benefit from it, this is considered a “gift with reservation,” and the value of the asset will still count towards your estate. Examples of gifts with reservation include:

  • Giving your home to a relative but continuing to live in the gifted property.
  • Giving away a caravan but still using it for holidays without charge.
  • Donating a valuable painting but still displaying it in your home.

Gifts of land and buildings to charities

There are special rules in place for taxpayers who make gifts of land and buildings to charity. This can include Income Tax and Capital Gains Tax (CGT) relief provided all the necessary conditions are met. There are also reliefs available where taxpayers sell a property to a charity for less than its market value. Tax relief may also be available if a lease is granted to a charity that is rent-free or below a market rent.

When qualifying assets are donated, the market value of the asset is deducted from the taxpayer’s total taxable income for the tax year (6 April to 5 April) in which the gift or sale to charity occurs.

Taxpayers are exempt from paying Capital Gains Tax (CGT) on land, property, or shares given to charity. However, if the taxpayer sells the asset for more than its original cost but less than its market value, they may owe tax. In such cases, the gain should be calculated based on the actual amount the charity pays, rather than the market value of the asset.

If a taxpayer donates land or buildings, the charity may ask them to sell the asset on its behalf. Taxpayers can still claim tax relief for the donation, but they must keep detailed records of both the gift and the charity’s request. Without these records, they may be liable for CGT.

What does EBITDA stand for?

EBITDA stands for Earnings Before Interest, Taxes, Depreciation, and Amortisation. It's a widely used financial metric that provides a measure of a company's operating performance, excluding the effects of financing, accounting, and tax decisions. By focusing on earnings from core operations, EBITDA offers a clearer view of a company’s profitability and cash-generating potential.

Why is EBITDA Useful?

  1. Standardisation for Comparisons:
    It allows analysts and investors to compare companies across industries or regions without accounting for differences in financing (interest), tax environments, and accounting practices (depreciation and amortisation).
  2. Focus on Operations:
    Excluding non-operational expenses like interest or tax, EBITDA highlights the efficiency and profitability of the core business.
  3. Cash Flow Proxy:
    Although not an exact measure of cash flow, EBITDA approximates the cash a business generates before paying off capital expenses, taxes, or interest.

Advantages of EBITDA

  1. Simplifies Analysis:
    EBITDA ignores factors like tax policies or depreciation schedules that vary by country or industry, making it easier to compare profitability.
  2. Evaluating Acquisition Targets:
    Often used in mergers and acquisitions to assess a company’s ability to generate cash and service debt.
  3. Non-Cash Adjustments:
    It eliminates the impact of non-cash charges (depreciation and amortisation), focusing on actual operational results.

Limitations of EBITDA

  1. Excludes Key Costs:
    By ignoring interest, taxes, and capital expenses, EBITDA can give an inflated sense of profitability, especially for capital-intensive businesses.
  2. Not a Cash Flow Substitute:
    While it’s a useful proxy, EBITDA doesn't reflect changes in working capital, capital expenditures, or actual cash flows.
  3. Potential for Misuse:
    Some companies may over emphasise EBITDA to mask issues like high debt levels or significant tax liabilities.

What are your concerns?

According to the Office for National Statistics as of October 2024, the primary concerns among individuals in the UK are:

  1. National Health Service (NHS): 85% of adults identified the NHS as a significant issue, reflecting widespread apprehension about healthcare services.
  2. Cost of Living: 84% of respondents highlighted the cost of living as a major concern, indicating ongoing financial pressures on households.
  3. Economy: 69% of individuals expressed concerns about the economy, underscoring unease regarding economic stability and growth.
  4. Crime: 60% of adults reported crime as a pressing issue, pointing to fears about safety and security.
  5. Immigration: 58% of respondents viewed immigration as an important issue, reflecting debates over immigration policies and their societal impacts.
  6. Housing: 58% of individuals identified housing as a significant concern, highlighting challenges related to housing affordability and availability.

These findings are based on data collected by the Office for National Statistics (ONS) between 2 and 27 October 2024.

Additionally, a Statista survey from October 2024 reported that 50% of UK respondents considered the economy one of the main issues facing the country, emphasizing the prominence of economic concerns.