Buy to Let Deductions Furnished properties Landlords of furnished property always had the choice of claiming either the renewals basis or “wear and tear” allowance, until April 2013. From this date, the renewals basis became no more… Owners of let furnished property can now only claim the 10% wear and tear allowance. The wear and tear allowance is generally calculated as 10% of the gross rents less any expenses which would normally be borne by the tenant but which are actually borne by the landlord. Such expenses would typically include council tax and water rates. The wear and tear allowance is given to provide relief for expenditure on capital items and means that the actual expense incurred for such an item is not given as a deduction against profits. Whilst there are many items that could be covered by the wear and tear allowance, examples would include: Carpets, Beds, and Free-standing washing machines/fridges/etc. In a slight twist to the complexities, if the appliances are “integrated” into the property then they will qualify as a “repair to a fixture” and be deductible, provided that the replacement is not an improvement over the original. In its most basic sense, an integrated appliance is built-in to the surrounding units and usually hidden behind a cupboard door. So, for the landlord of a furnished property a free-standing dishwasher is relieved under the wear and tear allowance with no specific relief for the expense, but the replacement of a (usually more expensive) integrated dishwasher would be deductible as a repair (unless an improvement arose in the form of a better model of course) in addition to the wear and tear allowance. Unfurnished properties But what about unfurnished properties where the wear and tear allowance does not apply? Landlords of unfurnished properties now have a harder time claiming relief for capital expenditure. With the renewals basis being removed and no wear and tear allowance being available to unfurnished lets, how do landlords of unfurnished properties obtain tax relief? For the acquisition of small items, such as cutlery or a toaster, it may be possible to claim a deduction as a “trade tool”. This would enable the cost to be deducted from profits in the year the expenditure is incurred. However, the trade tool rules only apply to small items that are regularly replaced. There is no relief for free-standing appliances. HMRC have confirmed that the acquisition of such items – cookers, washing machines, etc. – will not be relievable for landlords of unfurnished properties. February 2015 The same twist to the rules for integrated appliances applies for unfurnished properties as it does to furnished properties. If the appliance is integrated into the surrounding units then a replacement appliance will be relievable against profits where the replacement is made on a like for like basis. There are further rules in relation to carpets and curtains… Neither are fixtures and it would seem that the tax treatment of the replacement cost depends on why the item is being replaced! For example, if a perfectly usable carpet gets damaged it will generally be difficult to repair and the only reasonable option would be to replace the whole carpet. There is an argument that this replacement would be relievable against the profits. But, if you replace a 20 year old carpet because it is old and becoming frail, the costs would not be allowed as a deduction as one would be replacing and not repairing the asset! This might be an exercise in semantics, but the reasoning behind the costs may well determine their deductibility. HMRC have said that they will look at the anomalies created by the removal of the renewals basis but this will not help landlords as they prepare their tax returns for 2013/14. In summary, capital expenditure may be relievable as follows; Item Furnished Unfurnished Cutlery, linen, etc Wear and tear allowance Deduction as trade tools Free-standing appliance Wear and tear allowance No relief available Integrated appliance Repair to fixture if no improvement over original Repair to fixture if no improvement over original Carpets and curtains – replacement due to damage Wear and tear allowance Deductible as a repair Carpets and curtains – replacement due to age and frailty Wear and tear allowance No relief available It would not take too much furniture to class a letting as furnished. The acquisition of a bed, sofa and table – for example, could be enough to then claim the 10% wear and tear allowance. If you would like to know more, please talk to your usual Scrutton Bland contact or Sarah Gamblin t: 01473 267000 e: [email protected] or Marc Dorsett t: 01473 267000 e: [email protected]
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