Landlords Face Higher Tax Rates from April 2027 – How Much More Will You Pay?

Tax Increases for Landlords - 2027

The New 22%, 42% and 47% Property Income Tax Rates Explained – Including Mortgage Interest Relief and Making Tax Digital

By Steve Bicknell FCMA, CGMA

Landlords are facing another significant tax change.

From 6 April 2027, property income will have its own separate Income Tax rates.

For landlords in England, Wales and Northern Ireland, the rates announced by the Government for 2027/28 are:

Property Income Tax RateCurrent Main RateFrom 6 April 2027
Basic20%22%
Higher40%42%
Additional45%47%

Each rate is therefore two percentage points higher than the corresponding current main Income Tax rate.

For a landlord with £30,000 of taxable rental profit, that could mean hundreds of pounds of additional tax every year.

For landlords with larger portfolios, the additional cost could run into thousands.

But there is an interesting twist.

The rate of Finance Cost Relief for residential mortgage interest will also increase from 20% to 22%.

And that’s not the only change arriving in April 2027.

The Making Tax Digital for Income Tax threshold falls from £50,000 to £30,000 at the same time, before dropping again to £20,000 from April 2028.

So April 2027 could mean:

higher tax + more landlords entering MTD + quarterly reporting + new mortgage interest calculations.

How much more could you pay?

And what should landlords be considering before the changes arrive?

Let’s take a closer look.

Why Are Property Tax Rates Changing?

Until now, property income has generally been taxed using the main Income Tax rates applying to non-savings, non-dividend income.

The Government is changing this by creating separate rates specifically for property income.

From 2027/28, these will be:

  • 22% property basic rate
  • 42% property higher rate
  • 47% property additional rate

The new property rates take effect from 6 April 2027.

The Government has also confirmed that the Property Allowance and Rent a Room Scheme remain unchanged, while carried-forward property losses will continue to be set against property income.

How Much More Tax Could a Landlord Pay?

Let’s start with a simple example where there is no mortgage interest.

Suppose Sarah owns a buy-to-let property producing taxable rental profits of:

£25,000 per year

Assume all of that property income falls within her basic-rate band.

2026/27

£25,000 × 20% = £5,000

2027/28

£25,000 × 22% = £5,500

Extra tax: £500 per year

For every £10,000 of property income affected by the two-percentage-point increase, the additional Income Tax is potentially:

£200

So, ignoring allowances, finance costs and other complications:

Taxable Property IncomePotential Additional Tax
£10,000£200
£20,000£400
£30,000£600
£50,000£1,000
£75,000£1,500
£100,000£2,000

The actual result depends on your other income, allowances, reliefs and which property tax bands apply.

Higher-Rate Landlords

Suppose David’s employment income already means that all his rental profits fall within the higher-rate band.

His property business produces:

£30,000 taxable profit

2026/27

£30,000 × 40% = £12,000

2027/28

£30,000 × 42% = £12,600

Extra tax: £600

The property additional rate similarly becomes 47%.

But for residential landlords with mortgages, that isn’t the end of the calculation.

What Happens to Mortgage Interest Relief?

This is where the new rules become particularly interesting.

Since the full introduction of the residential property finance-cost restriction—often referred to as Section 24—individual residential landlords have generally been unable to deduct mortgage interest from rental income when calculating taxable property profits.

Instead, qualifying residential finance costs can generate a basic-rate tax reduction.

Currently that relief is calculated at 20%.

From 6 April 2027, the Government has confirmed that Finance Cost Relief will instead be calculated using the new:

22% property basic rate

So property Income Tax rates are increasing—but the rate used for residential Finance Cost Relief is increasing too.

How Finance Cost Relief Works

Suppose a landlord has:

Rent: £40,000

Repairs, insurance, agent fees and other allowable expenses: £10,000

Mortgage interest: £10,000

For Income Tax purposes, the taxable property profit is broadly:

£40,000 rent

less £10,000 allowable non-finance expenses

=

£30,000 taxable property profit

The £10,000 residential mortgage interest isn’t simply deducted from that figure.

Instead, subject to the statutory restrictions, it generates a tax reduction.

Currently:

£10,000 × 20%

=

£2,000 Finance Cost Relief

From April 2027:

£10,000 × 22%

=

£2,200 Finance Cost Relief

So the landlord potentially receives an extra £200 of tax reduction.

But the property income itself is also being taxed at a higher rate.

Let’s put the two together.

Worked Example – Basic-Rate Landlord With a Mortgage

Assume:

Rental income: £40,000

Other allowable expenses: £10,000

Mortgage interest: £10,000

Taxable property profit: £30,000

For simplicity, assume all the property income falls within the property basic-rate band and the full Finance Cost Relief is available.

2026/27

Tax:

£30,000 × 20% = £6,000

Finance Cost Relief:

£10,000 × 20% = £2,000

Tax after Finance Cost Relief = £4,000

2027/28

Tax:

£30,000 × 22% = £6,600

Finance Cost Relief:

£10,000 × 22% = £2,200

Tax after Finance Cost Relief = £4,400

Additional tax from April 2027: £400

Notice something interesting?

The landlord’s economic profit before tax is:

£30,000 taxable property profit

less £10,000 mortgage interest

=

£20,000

And:

£20,000 × 2%

=

£400

The increased Finance Cost Relief therefore provides some compensation for the higher tax rate—but it doesn’t eliminate the increase.

Higher-Rate Landlord – Same Property

Now assume the same property is owned by a higher-rate taxpayer.

Again:

Taxable property profit: £30,000

Mortgage interest: £10,000

2026/27

£30,000 × 40% = £12,000

Less Finance Cost Relief:

£10,000 × 20% = £2,000

Tax = £10,000

2027/28

£30,000 × 42% = £12,600

Less Finance Cost Relief:

£10,000 × 22% = £2,200

Tax = £10,400

Again:

Additional tax = £400

So although the Finance Cost Relief rate rises to 22%, the landlord is still worse off.

Does This Reverse Section 24?

No.

This is important.

The Government is not abolishing Section 24.

Individual residential landlords will still generally calculate their taxable property profits without deducting residential finance costs.

Finance Cost Relief remains a tax reduction.

What changes from April 2027 is the rate used to calculate it:

20% → 22%

Section 24 therefore remains a major consideration for leveraged property investors.

Highly Geared Landlords Need to Be Careful

There is another complication.

Finance Cost Relief isn’t necessarily as simple as:

Mortgage interest × 22%

The amount eligible for the tax reduction can be restricted.

Broadly, the calculation takes account of qualifying finance costs, property business profits and adjusted total income.

Unused qualifying finance costs may potentially be carried forward.

This can be particularly important where:

  • mortgage costs are high;
  • property profits are low;
  • a landlord has significant other reliefs;
  • there are brought-forward finance costs; or
  • overall taxable income is relatively low.

So don’t assume that every £10,000 of residential mortgage interest will automatically generate £2,200 of immediate tax reduction from April 2027.

Have You Remortgaged? There’s Another Interest Trap

There is another issue landlords shouldn’t overlook.

Not all interest necessarily qualifies for tax relief simply because the loan is secured against a rental property.

The purpose and amount of the borrowing can matter.

This can become particularly important where a landlord has:

  • remortgaged a property;
  • released equity;
  • increased borrowing substantially;
  • refinanced after the property increased in value; or
  • used some of the additional borrowing for personal purposes.

Before calculating Finance Cost Relief at 22%, you first need to establish:

How much of the interest actually qualifies for relief?

A higher relief rate isn’t much help if part of the underlying finance cost doesn’t qualify in the first place.

We’ve previously examined this issue in:

Have You Remortgaged? Will That Restrict the Recovery of Interest Beyond the Section 24 Rules?

This is worth revisiting before April 2027 if your property borrowing has changed substantially since the property was acquired.

April 2027 Also Brings a Major MTD Change

The property tax increase isn’t the only reason landlords should have 6 April 2027 in their diaries.

Making Tax Digital for Income Tax is being introduced in stages.

Start DateQualifying Income
6 April 2026Over £50,000
6 April 2027Over £30,000
6 April 2028Over £20,000

This means thousands more landlords will be brought into MTD at exactly the same time as the new property tax rates begin.

The MTD Threshold Is Based on Income – Not Profit

This distinction is extremely important.

For MTD purposes, qualifying income broadly means your gross income from self-employment and property before expenses.

Suppose a landlord receives:

Gross rents: £36,000

Allowable property expenses: £12,000

Rental profit: £24,000

They might look at the £24,000 profit and conclude:

“I’m below the £30,000 MTD threshold.”

But their qualifying income could instead be:

£36,000

That could bring them within MTD from 6 April 2027.

And if a person has both self-employment and property income, the relevant qualifying income can include both.

What Will Landlords Have to Do Under MTD?

Landlords within Making Tax Digital for Income Tax will generally need to:

  • keep digital records using compatible software;
  • record property income and expenses digitally;
  • send quarterly updates to HMRC using that software; and
  • submit their tax return using compatible software.

So April 2027 isn’t simply about paying more tax.

For many landlords it will also mean more frequent reporting and a significant change to bookkeeping.

Bicknell Business Advisers’ Advice

If your gross property and qualifying self-employment income is approaching £30,000, don’t wait until April 2027.

Start preparing your bookkeeping and digital records now.

And even if you’re below £30,000, remember:

The threshold falls again to £20,000 from April 2028.

April 2027 – A Perfect Storm for Landlords?

Put the changes together and April 2027 starts to look much more significant.

Property Income Tax

20% → 22%

40% → 42%

45% → 47%

Residential Finance Cost Relief

20% → 22%

Making Tax Digital

Threshold:

£50,000 → £30,000

Then, from April 2028:

£30,000 → £20,000

For some landlords that means:

Higher tax + digital records + quarterly reporting

That’s why I think 2026/27 should be treated as a planning year.

Does This Make Property Companies More Attractive?

Potentially.

But the answer remains:

It depends.

The new 22%, 42% and 47% rates are Income Tax rates applicable to property income.

A property investment company is instead generally subject to Corporation Tax on its profits.

There is also an important financing difference.

The residential Finance Cost Relief restriction applies to individuals rather than companies.

A property investment company’s financing costs are instead dealt with under the Corporation Tax rules, including the loan relationship regime, subject to the relevant conditions and restrictions.

This can produce a very different result for a highly leveraged property portfolio.

But that doesn’t mean:

“Everyone should put their properties into a company.”

You also need to consider:

  • Corporation Tax;
  • tax when extracting profits;
  • dividend tax;
  • mortgage rates;
  • SDLT;
  • Capital Gains Tax;
  • refinancing costs;
  • inheritance planning; and
  • your eventual exit strategy.

The April 2027 changes simply add another reason to run the numbers properly.

Another Potential Company Benefit – Qualifying Interest Relief

There is another financing opportunity property investors sometimes overlook.

Suppose you personally borrow money and then use those funds to make a qualifying investment in, or qualifying loan to, a property company.

Subject to the statutory conditions, qualifying loan interest relief may potentially be available against your personal income.

This is different from residential landlord Finance Cost Relief.

That can create an important distinction between:

Borrowing personally to own a residential investment property personally

and

Borrowing personally and using qualifying funds in a property company.

The tax treatment of the interest may be very different.

We’ve previously explored this in:

Are You Missing Out on Qualifying Interest Relief?

This is an area where the exact structure and use of the borrowed money matter, so advice should be taken before arranging the finance rather than trying to restructure it afterwards.

Married Couples – Could Ownership Become Even More Important?

Yes.

Suppose a married couple jointly own rental property.

One spouse is an additional-rate taxpayer.

The other has significant unused basic-rate band.

From April 2027, property income could potentially face rates of:

22%, 42% or 47%

The difference between the property basic rate and property additional rate is therefore:

25 percentage points

That makes the allocation of property income between spouses potentially even more important.

As we explain in:

How Landlords Can Legally Reduce Tax by Changing the Split of Rental Income

married couples and civil partners are generally taxed 50:50 on jointly owned property unless the conditions for an alternative treatment are satisfied.

Where there is genuine unequal beneficial ownership, Form 17 may allow the rental income to be taxed according to the actual beneficial interests.

But remember:

Form 17 doesn’t change ownership.

The underlying beneficial ownership must already support the unequal income allocation.

A Simple Husband and Wife Example

Suppose a jointly owned property generates:

£30,000 annual rental profit

One spouse’s share would otherwise fall within the 47% property additional rate.

The other spouse has sufficient capacity for the relevant income to fall within the 22% property basic rate.

The difference between those rates is substantial.

That doesn’t mean every married couple should immediately change their property ownership.

Changing beneficial ownership can have implications for:

  • Capital Gains Tax;
  • SDLT;
  • Inheritance Tax;
  • mortgage arrangements;
  • entitlement to future sale proceeds; and
  • estate planning.

But it does mean ownership should be reviewed rather than simply accepted because that’s how the property has always been held.

Former Furnished Holiday Let Owners Should Review Their Position Too

The special Furnished Holiday Letting regime was abolished from 6 April 2025.

Former FHL properties are now generally within the normal property income regime.

For qualifying residential property, this can mean the residential finance-cost restriction is now relevant.

For married couples and civil partners, the normal rules governing jointly owned property and Form 17 may also need consideration.

The April 2027 tax increase therefore provides another reason for former FHL owners to review their structure.

Another 2027 Change – How Allowances and Reliefs Are Used

There is another change that could easily be overlooked.

From April 2027, the Income Tax calculation rules are being changed so that certain reliefs and allowances will generally only be applied against property, savings and dividend income after being applied against other income.

This matters because property income will now have its own higher rates.

For taxpayers with several sources of income, the interaction between property income and other reliefs may therefore become more complicated.

This is another reason why looking only at the headline 22%, 42% and 47% rates doesn’t tell the whole story.

Nine Things Landlords Should Consider Before April 2027

1. Calculate the impact of the new rates

Work out what the 22%, 42% or 47% property tax rates could mean for your actual portfolio.

2. Review your Finance Cost Relief

Calculate the benefit of the new 22% rate—but first establish whether all your finance costs qualify.

3. Check historic remortgages

If you’ve released equity from rental properties or refinanced them, check whether all the resulting interest qualifies for relief.

4. Check your MTD qualifying income

Remember:

The threshold is based on qualifying gross income, not rental profit.

5. Get ready for quarterly reporting

If you’ll enter MTD from April 2027, put compatible software and digital bookkeeping in place beforehand.

6. Review jointly owned property

If property is owned between spouses or civil partners, consider whether the existing beneficial ownership remains appropriate.

7. Compare personal and company ownership

This is particularly important before purchasing your next property.

Moving existing properties can create significant tax and refinancing costs, whereas deciding how to structure a new purchase gives you much more flexibility.

8. Review how future purchases are financed

Don’t look only at where the property is held.

Consider:

  • who should borrow;
  • what the borrowing will fund;
  • whether interest qualifies for relief; and
  • whether alternative financing structures should be considered.

9. Review the whole portfolio

Property tax planning shouldn’t be done one property at a time.

Consider:

Ownership + Borrowing + Tax Rates + MTD + Future Purchases + Exit Strategy

together.

Is Buy-to-Let Still Worth It?

Whenever landlord taxes increase, the inevitable headlines appear:

“Buy-to-let is dead.”

That’s far too simplistic.

Property investment decisions should be based on:

  • rental yield;
  • financing costs;
  • capital growth potential;
  • tax;
  • risk;
  • leverage;
  • cash flow; and
  • long-term objectives.

But tax is undeniably becoming a larger part of the calculation.

A highly geared individual landlord paying 47% on property income while receiving a 22% tax reduction for qualifying residential finance costs has a very different cash-flow profile from a debt-free basic-rate landlord.

A property company can have a different profile again.

There is no single structure that is right for everybody.

Bicknell Business Advisers’ Advice

The April 2027 changes shouldn’t be viewed simply as:

“Landlord tax is going up by 2%.”

The real picture is considerably more interesting.

Landlords need to consider:

22%, 42% and 47% property Income Tax

  • 22% Finance Cost Relief
  • Section 24
  • whether remortgage interest actually qualifies
  • Making Tax Digital and quarterly reporting
  • Form 17 and beneficial ownership
  • personal versus company ownership
  • how future acquisitions should be financed

For some landlords, the answer may simply be to budget for slightly more tax and get ready for MTD.

For others—particularly landlords with larger, highly geared portfolios—April 2027 provides a very good reason to review the entire structure.

Don’t wait until April 2027 to start planning.

Some changes involving ownership, mortgages or company structures can take time and may themselves have tax consequences.

The sensible approach is:

CALCULATE → REVIEW → PLAN → IMPLEMENT

before the new rules take effect.

How We Can Help

At Bicknell Business Advisers, we specialise in advising landlords, property investors, developers and property companies.

We can help with:

  • calculating the impact of the new 22%, 42% and 47% property tax rates;
  • Finance Cost Relief and mortgage interest;
  • reviewing remortgaging and interest deductibility;
  • Making Tax Digital for Income Tax;
  • Form 17 and jointly owned property;
  • beneficial ownership and Declarations of Trust;
  • personal versus limited-company ownership;
  • property incorporation;
  • qualifying loan interest relief;
  • Capital Gains Tax;
  • SDLT; and
  • former Furnished Holiday Lettings.

If you own rental property personally, 2026/27 is the ideal time to review how the April 2027 changes could affect you.

A two-percentage-point tax increase may not sound dramatic.

But when combined with Section 24, substantial mortgage borrowing, MTD and a larger property portfolio, the financial and administrative impact can become significant.

About the Author

Steve Bicknell FCMA, CGMA is Managing Director of Bicknell Business Advisers Limited, specialising in property taxation, landlord tax planning, SDLT, Capital Gains Tax and company structures for property investors throughout the UK.


Are “Free” Lease Extensions Really Tax Free? The Hidden Tax Trap for Share-of-Freehold Flats

Share of freehold flats and the tax implications of free lease extensions

Why ownership, valuation and market value need to be checked before extending a lease

If you own a flat with a share of the freehold, extending your lease to 999 years and reducing the ground rent to a peppercorn can seem like little more than an administrative exercise.

After all, if the leaseholders effectively own the freehold between them, why should anyone have to pay for a lease extension?

And if no money changes hands, surely there can’t be any tax?

Unfortunately, it isn’t necessarily that simple.

A lease extension can potentially create tax consequences even where the leaseholder pays nothing.

The key questions are:

  • Who actually owns the freehold?
  • Does a company own the freehold beneficially, or is it merely holding it as nominee for the leaseholders?
  • What is the existing lease worth?
  • What is the extended lease worth?
  • What is the freeholder’s reversionary interest worth?
  • Is value being transferred from the freeholder to the leaseholder?
  • Are the parties connected?
  • Is the transaction taking place at market value?

These questions should be answered before the leases are extended, not afterwards.

Let’s look at why.


Why Extend a Residential Lease?

Many blocks of flats have a structure where the leaseholders collectively control the freehold, often through a residents’ management or freehold company.

The individual flats remain leasehold.

The company owns the registered freehold.

Each flat owner may also own a share in that company.

Over time, the leaseholders may decide to extend their leases—perhaps to 990 or 999 years—and reduce the ground rent to a peppercorn.

Commercially, that can make perfect sense.

A longer lease may:

  • make the flat easier to sell;
  • make mortgage finance easier;
  • remove concerns about a diminishing lease term;
  • eliminate future ground rent liabilities; and
  • potentially increase the value of the flat.

But that final point is exactly where the tax question begins.


A “Free” Lease Extension Can Transfer Value

Suppose a flat is worth £400,000 with its existing lease.

After extending the lease and reducing the ground rent to a peppercorn, it is worth £450,000.

The obvious question is:

Where did that additional £50,000 of value come from?

Economically, at least some of that value may previously have been represented by the freeholder’s reversionary interest and its rights under the existing lease.

By granting the longer lease, value can move from the freehold interest into the leasehold interest.

If the freeholder is a company, that transfer of value may have tax consequences—even if the leaseholder hasn’t written the company a cheque.

For Capital Gains Tax purposes, HMRC generally treats an extension of a lease outside its original terms as involving a surrender of the existing lease and the grant of a new lease.

This is why describing the transaction as a “free lease extension” can be misleading from a tax perspective.


Bicknell Towers – A Worked Example

Let’s take a fictional block called Bicknell Towers.

Bicknell Towers contains eight flats.

Each flat owner owns:

  • the lease of their individual flat; and
  • one share in Bicknell Towers Freehold Limited.

Bicknell Towers Freehold Limited is shown at HM Land Registry as owning the freehold.

The existing leases have around 75 years remaining and provide for ground rent.

The residents decide that they would like to:

extend every lease to 999 years and reduce the ground rent to a peppercorn.

Nobody intends to charge anybody anything.

It sounds straightforward.

But before the solicitor prepares the lease extensions, there are two crucial questions we need to answer.


Question 1 – Who Really Owns the Freehold?

This is arguably the most important question in the whole transaction.

Are Free Lease Extensions Taxable? – Steve J Bicknell Tel 01202 025252

The fact that Bicknell Towers Freehold Limited is shown at HM Land Registry as the registered proprietor does not necessarily answer the question of beneficial ownership.

We may need to examine:

  • the company’s Articles of Association;
  • the circumstances in which the freehold was originally acquired;
  • shareholders’ agreements;
  • declarations of trust;
  • historic correspondence;
  • company resolutions; and
  • the company’s accounts.

Why?

Because there can be a fundamental difference between the company holding the freehold:

as nominee or trustee for the flat owners

and

beneficially in its own right.

If the company is merely holding the freehold as nominee for the leaseholders, the tax analysis may be very different.

If, however, the company owns the freehold beneficially, granting valuable 999-year leases to its shareholders for nothing could potentially represent a disposal of part of the company’s valuable freehold interest.

Bicknell Business Advisers’ Advice

Don’t assume that owning one share in the freehold company means you beneficially own one-eighth of the freehold.

Company ownership and beneficial ownership are not necessarily the same thing.

Establish the legal position before doing the tax calculation.


Question 2 – What Is the Lease Extension Actually Worth?

Once ownership has been established, the next step is normally to obtain a professional valuation.

It isn’t sufficient to say:

“We’re all shareholders, so we’ll just extend the leases for £1.”

For tax purposes, the transaction may need to be considered by reference to market value, particularly where connected parties are involved.

A suitably qualified valuer may therefore need to consider:

  • the value of the flat before the extension;
  • its value after the extension;
  • the remaining term of the existing lease;
  • the existing ground rent;
  • the value of the freeholder’s reversion;
  • the effect of extending the lease; and
  • the value attributable to reducing the ground rent to a peppercorn.

This isn’t simply a compliance exercise.

The valuation may drive the tax calculation.


How Could the Freehold Company’s Tax Be Calculated?

Let’s return to Bicknell Towers.

Assume, purely for illustration:

Value of flat before lease extension: £400,000

Value after lease extension: £450,000

Value potentially transferred: £50,000

The actual valuation of a lease extension is more sophisticated than simply subtracting one flat value from another, so professional valuation advice is essential.

However, these figures demonstrate the principle.

For tax purposes, the grant of a long lease out of a freehold can constitute a part disposal of the freehold interest.

That brings us to an important Capital Gains Tax calculation.


The A ÷ (A + B) Formula

Where there is a part disposal of an asset, the original acquisition cost normally needs to be apportioned.

The familiar formula is:

A ÷ (A + B)

Broadly:

A = market value of the part disposed of

B = market value of the part retained.

The resulting proportion determines how much of the freeholder’s original allowable cost can be attributed to the disposal.

That attributable cost is then taken into account when calculating the gain.

This can become particularly important where a company acquired a freehold many years ago for relatively little money.


Bicknell Towers – A Simplified Corporation Tax Example

Suppose James owns Flat 1 at Bicknell Towers and is also a shareholder in Bicknell Towers Freehold Limited.

The company grants James a 999-year lease extension and reduces his ground rent to a peppercorn.

James pays the company nothing.

For illustration, assume:

CalculationAmount
Market value attributed to lease extension£50,000
Less attributable allowable cost(£5,000)
Illustrative gain£45,000

If that £45,000 gain were chargeable at a 25% Corporation Tax rate, the illustrative tax would be:

£45,000 × 25% = £11,250

The actual tax calculation would, of course, depend on the valuation, the company’s original acquisition cost, the precise legal structure, available reliefs and the company’s Corporation Tax position.

But it demonstrates the potential problem.

James paid £0.

The residents called it a free lease extension.

Yet Bicknell Towers Freehold Limited could potentially have a taxable transaction based on market value rather than cash received.

That is why valuation and ownership need to be established before proceeding.


Could James Also Have a Tax Issue?

Potentially.

From the leaseholder’s perspective, extending a lease outside its existing terms can involve the surrender of the old lease and acquisition of the replacement lease.

That means there may potentially be a disposal for Capital Gains Tax purposes.

If Bicknell Towers is James’s main residence and the necessary conditions are satisfied, Private Residence Relief may protect some or all of the gain.

But what if Flat 1 is:

  • a buy-to-let;
  • a second home;
  • owned by a company; or
  • a property that hasn’t always been James’s main residence?

The position needs closer examination.

This is another reason why every leaseholder’s circumstances shouldn’t automatically be assumed to be identical.


What About ESC D39?

There is an important HMRC concession known as Extra-Statutory Concession D39. CG71240 – Leases: disposal: extension of lease: ESC D39 – HMRC internal manual – GOV.UK

Broadly, subject to its conditions, HMRC may allow the surrender of an existing lease and grant of a replacement lease to be treated as involving no disposal of the old lease and no separate acquisition of the replacement lease.

However, the conditions matter.

One important consideration is whether the transaction takes place on terms equivalent to those that would have been agreed between unconnected parties bargaining at arm’s length.

That creates an obvious question at Bicknell Towers.

If Bicknell Towers Freehold Limited grants James a lease extension worth £50,000 and James pays:

£0

would independent parties have agreed the same transaction?

This needs careful consideration rather than assuming ESC D39 automatically applies to every lease extension.


Could There Also Be a Distribution Problem?

This is perhaps the tax trap that will surprise readers most.

Suppose Bicknell Towers Freehold Limited beneficially owns the freehold.

The company then grants James, one of its shareholders, a valuable lease extension for nothing.

Economically, the company may have transferred value to its shareholder.

That raises a separate question:

Could the benefit provided to James amount to a distribution for tax purposes?

Potentially, yes.

The company/shareholder tax consequences therefore need to be considered alongside the company’s chargeable gain.

In the wrong circumstances, it isn’t necessarily just the company’s Corporation Tax position that needs attention.

There could potentially also be a personal tax consequence for the shareholder receiving the benefit.


What If James Pays Market Value?

You might think there is an easy answer.

Instead of giving James a £50,000 lease extension for nothing, Bicknell Towers Freehold Limited charges him £50,000.

That may help address some of the market-value and arm’s-length issues.

But it creates another practical problem.

Bicknell Towers Freehold Limited now has:

£50,000 cash

What happens to it?

If the money remains within the company, that may be fine.

But if the intention is ultimately to return it to James or distribute accumulated funds amongst the shareholders, extracting that cash may itself have tax consequences.

So simply saying:

“We’ll charge market value.”

doesn’t necessarily solve the overall problem.

You need to consider the entire transaction, not one tax in isolation.


What About SDLT?

Stamp Duty Land Tax (SDLT) should also be checked.

Extending the term of a lease can, for legal and SDLT purposes, amount to the surrender of an existing lease and the grant of a replacement lease.

There are specific SDLT rules concerning surrender and regrant transactions, consideration and overlapping leases.

In many share-of-freehold lease extension arrangements there may ultimately be little or no SDLT to pay, particularly where there is no chargeable consideration.

However, I would not assume that every lease extension is automatically outside SDLT.

Check the specific transaction.


Seven Things to Check Before Extending a Lease

Before Bicknell Towers signs anything, I would want answers to these seven questions:

1. Who legally owns the freehold?

Check the Land Registry title.

2. Who beneficially owns the freehold?

Don’t assume the registered proprietor tells the whole story.

3. Is the company a nominee or the beneficial owner?

This could fundamentally change the tax analysis.

4. What is the existing lease worth?

Obtain professional valuation advice.

5. What will the extended lease be worth?

You need to understand how much value is being transferred.

6. What would independent parties pay for the extension?

A nominal £1 consideration doesn’t necessarily mean the taxable value is £1.

7. What taxes need to be considered?

Potentially:

  • Corporation Tax;
  • Capital Gains Tax;
  • taxation of distributions; and
  • SDLT.

Only once those questions have been answered would I recommend proceeding with the legal documentation.


The Biggest Mistake – Extend First, Ask the Accountant Later

This is probably the most important point in the whole article.

Leaseholders naturally start by speaking to their solicitor.

That’s understandable—the solicitor prepares the lease extension.

But the solicitor preparing the lease may not be responsible for calculating:

  • the freehold company’s Corporation Tax;
  • the shareholder’s personal tax position;
  • the market value transferred; or
  • the wider tax implications of the structure.

Once the 999-year leases have been granted for nothing, the transaction has happened.

It can be considerably more difficult to address an unexpected tax liability afterwards.

Bicknell Business Advisers’ Advice

The correct order should normally be:

1. OWNERSHIP → 2. VALUATION → 3. TAX → 4. STRUCTURE → 5. LEGAL DOCUMENTATION

Don’t sign first and calculate the tax later.


What Does “Share of Freehold” Actually Mean?

This phrase causes enormous confusion.

Estate agents routinely advertise flats as:

“Share of Freehold”

But that description tells you surprisingly little about the underlying legal and tax structure.

You might own:

  • a share in a company that beneficially owns the freehold;
  • a direct beneficial interest in the freehold;
  • an interest under a trust;
  • a company share carrying particular contractual rights; or
  • some other legal arrangement.

Those aren’t necessarily the same thing for tax purposes.

So before granting a valuable lease extension for nothing, establish precisely what everyone actually owns.


A “Free” Lease Extension Isn’t Necessarily Tax Free

That is really the takeaway from Bicknell Towers.

The residents may look at the arrangement and think:

“We already own the freehold, so we’re simply extending our own leases.”

But if Bicknell Towers Freehold Limited actually owns the freehold beneficially, the tax analysis could look very different.

The company may potentially be disposing of a valuable interest in land to its shareholders.

That is why two apparently identical blocks of flats can potentially have completely different tax outcomes.

It depends on what the legal documents actually say.


Don’t Forget the Valuation

If there is one practical lesson beyond establishing ownership, it is this:

Get the property professionally valued.

Tax advisers cannot reliably calculate a market-value tax charge by guessing the value of a lease extension.

A suitably qualified surveyor or leasehold valuation specialist may need to determine the value of:

  • the existing lease;
  • the extended lease;
  • the freeholder’s interest before the transaction;
  • the retained freehold interest afterwards; and
  • the value being transferred.

Those numbers then allow the tax adviser to calculate the potential consequences properly.


How We Can Help

At Bicknell Business Advisers, we advise landlords, property investors, freehold companies and property businesses on the tax consequences of property transactions.

Before extending leases, we can work alongside your solicitor and professional valuer to establish:

  • how the freehold is owned;
  • whether the company owns it beneficially or as nominee;
  • what valuations are required;
  • whether the company could realise a taxable gain;
  • whether shareholders could receive a taxable distribution;
  • the Capital Gains Tax position of individual leaseholders; and
  • whether SDLT needs to be considered.

If you own a flat with a share of the freehold and your residents’ company is considering extending the leases, take tax advice before the new leases are signed.

A transaction that appears to be free can sometimes have a surprisingly expensive tax consequence.


About the Author

Steve Bicknell FCMA, CGMA is Managing Director of Bicknell Business Advisers Limited, specialising in property taxation, SDLT, Capital Gains Tax and tax planning for landlords, developers and property investors throughout the UK.

How Landlords Can Legally Reduce Tax by Changing the Split of Rental Income

a couple saving tax on their property investment

A Complete Guide to Form 17, Deeds of Trust and Beneficial Ownership

If you own a rental property jointly with your spouse, civil partner or partner, you could be paying more Income Tax than necessary.

Many landlords assume rental income must always be split equally between the owners. In fact, the tax position depends on who owns the property, how it is owned and whether you are married or unmarried.

Since the abolition of the Furnished Holiday Letting (FHL) tax regime from 6 April 2025, understanding these rules has become even more important. Many former holiday-let owners who never previously needed to think about Form 17 may now need to review how their rental income is taxed.

The good news is that, with the right ownership structure and careful planning, many landlords can legitimately reduce their family’s overall tax bill.

The key is getting the ownership structure right before submitting tax returns.


Harry and Megan’s Story

Let’s start with a typical example.

Harry earns £130,000 a year and pays Income Tax at the additional rate.

Megan earns £22,000 and pays tax at the basic rate.

Together they own two buy-to-let properties producing rental profits of £30,000 a year.

They assume the profits must be split equally.

Many landlords do.

But depending on their circumstances, that may not be the most tax-efficient solution.

Whether they can change the split depends on one important question…

Are they married?

The answer completely changes the tax rules.


Could You Save Tax?

Decision Tree

Why Does This Matter?

Imagine rental profits of £30,000.

OwnerEqual Split90/10 Split
Harry£15,000£3,000
Megan£15,000£27,000

The actual tax saving depends on each person’s wider tax position, but where the legislation allows a change in beneficial ownership, the family’s combined Income Tax liability could be significantly lower.

Of course, tax should never be the only consideration. Changing ownership may also affect Capital Gains Tax, Stamp Duty Land Tax and Inheritance Tax.


Married Couples and Civil Partners

This is where many landlords are surprised.

Most people assume that tax follows ownership.

For married couples, it often doesn’t.

Where spouses or civil partners live together, HMRC normally taxes income from jointly owned property 50:50, regardless of the actual beneficial ownership, unless the statutory exception applies.

For example:

Beneficial OwnershipHMRC Default Tax Position
Husband 90%50%
Wife 10%50%

Many landlords don’t discover this until after filing their tax returns.


Form 17 Explained

Fortunately, HMRC allows married couples and civil partners to be taxed according to their actual beneficial ownership.

This is done by submitting Form 17. https://www.gov.uk/government/publications/income-tax-declaration-of-beneficial-interests-in-joint-property-and-income-17

If you want to change the ownership split, the beneficial ownership must first be changed and properly documented — commonly using a Deed or Declaration of Trust. Married couples and civil partners then use Form 17 to ask HMRC to tax the rental income in those actual ownership proportions.

Form 17 does not create or change beneficial ownership. It tells HMRC to recognise unequal beneficial ownership that already exists. If you currently own the property 50:50 and want a 90:10 split, the ownership must be changed first and supported by appropriate evidence.

To use Form 17:

  • the property must genuinely be owned in unequal beneficial shares;
  • those shares must be supported by legal evidence, usually a Deed of Trust;
  • Form 17 must normally reach HMRC within 60 days of being signed.

⚠ Important

Form 17 does not change ownership.

It simply tells HMRC how you already own the property.

Many people get this the wrong way round.


The April 2025 FHL Changes

One of the biggest changes affecting landlords has received surprisingly little attention.

Until 5 April 2025, Furnished Holiday Lettings were taxed under a separate regime.

From 6 April 2025, that regime was abolished.

Former FHL properties are now generally taxed in the same way as other residential lettings.

For many married couples this means that, if they wish to be taxed other than 50:50, they will normally need:

  • unequal beneficial ownership; and
  • a valid Form 17 declaration.

If you owned an FHL before April 2025, now is a good time to review your ownership structure.


Unmarried Couples

The rules are completely different.

This catches many landlords out.

Unmarried couples cannot use Form 17.

Instead, HMRC taxes rental income according to the actual beneficial ownership.

Suppose Harry and Megan own a rental property.

Harry owns 80%.

Megan owns 20%.

The rental profits are normally taxed:

  • Harry – 80%
  • Megan – 20%

There is no Form 17.

No declaration is sent to HMRC.

The ownership simply needs to be properly documented.


What Is a Deed of Trust?

A Deed of Trust records the beneficial ownership of a property.

It is often used where co-owners wish to hold different ownership percentages.

For example:

  • 50/50
  • 80/20
  • 90/10
  • 99/1

A properly drafted Deed of Trust can provide the evidence HMRC expects where beneficial ownership is unequal.

However, it is far more than a tax document.

Changing beneficial ownership may also affect:

  • Capital Gains Tax
  • Inheritance Tax
  • Stamp Duty Land Tax
  • divorce settlements
  • entitlement to future sale proceeds

Professional advice should always be taken before changing ownership.


Don’t Forget Stamp Duty Land Tax

Many landlords overlook SDLT.

Where there is an outstanding mortgage, changing ownership percentages can sometimes trigger SDLT because one owner is treated as taking responsibility for a greater share of the mortgage debt.

This can arise even where no money changes hands.

It’s another reason why tax and legal advice should be taken before signing a Deed of Trust.


Seven Expensive Mistakes Landlords Make

❌ Assuming Form 17 changes ownership.

❌ Filing Form 17 without changing beneficial ownership.

❌ Missing the 60-day deadline.

❌ Assuming unmarried couples can use Form 17.

❌ Forgetting the FHL rules changed from April 2025.

❌ Ignoring SDLT implications.

❌ Downloading a template Deed of Trust from the internet without taking advice.

The Biggest Tax Mistakes Made by New Landlords – Steve J Bicknell Tel 01202 025252


Planning Opportunity

Sometimes changing the ownership percentages is the right answer.

Sometimes it isn’t.

If:

  • one owner pays additional-rate tax;
  • you’re planning to build a larger property portfolio; or
  • you’re buying more rental properties,

it may be worth considering whether holding future properties through a limited company would be more tax-efficient.

This isn’t the right solution for everyone, but reviewing the options before purchasing another property can avoid expensive restructuring later.

For more information, read our article:

Tax Benefits of Incorporating Your Property Portfolio https://stevejbicknell.com/2025/05/03/tax-benefits-of-incorporating-your-property-portfolio/


Married or Unmarried? At a Glance

QuestionMarried / Civil PartnersUnmarried Couples
Default tax split50:50Beneficial ownership
Form 17 available?YesNo
Deed of Trust useful?YesYes
Can ownership percentages differ?YesYes
SDLT implications possible?YesYes

Frequently Asked Questions

Can Form 17 be backdated?

No. HMRC requires the declaration to be submitted within the statutory time limit.

Can unmarried couples use Form 17?

No.

Does Form 17 change ownership?

No.

Does a Deed of Trust change ownership?

Yes, it records the beneficial ownership between the parties.

Can changing ownership trigger SDLT?

Yes, particularly where a mortgage exists.


How We Can Help

At Bicknell Business Advisers, we regularly advise landlords and property investors on:

  • Form 17
  • Beneficial ownership
  • Deeds of Trust
  • SDLT planning
  • Capital Gains Tax
  • Property ownership structures
  • Incorporation planning

The best time to seek advice is before ownership changes are made.

A short planning meeting today could save tax for many years to come.


About the Author

Steve Bicknell FCMA, CGMA is Managing Director of Bicknell Business Advisers Limited, specialising in property taxation, SDLT, Capital Gains Tax and tax planning for landlords, developers and property investors throughout the UK.

How Property Developers Can Save Thousands in Stamp Duty Using an Overlooked SDLT Relief

Home Owner selling to Property Developer

Most property developers accept Stamp Duty Land Tax (SDLT) as simply another cost of doing business.

However, there is a little-known SDLT relief that, in the right circumstances, can save a property developer or property trading company many thousands of pounds.Property Investor or Property Trader? The 9 Factors HMRC Uses – Steve J Bicknell Tel 01202 025252

The relief isn’t widely understood, and many accountants, solicitors and developers are unaware that it even exists. Yet for developers involved in part-exchange schemes, chain-breaking transactions or acquiring residential properties in specific circumstances, it can make a substantial difference.

Even more interesting is the planning opportunity it can create for property development groups.

Let’s look at how it works.


What Is Property Trader Relief?

Property Trader Relief is a specialist SDLT relief contained in Schedule 6A Finance Act 2003.

It provides relief from SDLT where a qualifying property trader acquires a dwelling in one of several prescribed circumstances, provided all of the statutory conditions are satisfied.

Unlike many SDLT reliefs, this one is extremely targeted.

It is not available simply because you buy and sell residential property.


Who Can Claim the Relief?

This is one of the biggest misunderstandings.

Many developers describe themselves as property traders.

For SDLT purposes, that isn’t enough.

Generally, the relief is aimed at:

  • Property development companies
  • Corporate property traders
  • LLPs carrying on qualifying trading activities
  • Partnerships whose members are companies or LLPs

It does not normally apply to individuals, regardless of how many properties they renovate and sell.


When Does the Relief Apply?

The legislation covers several situations.

The most common are:

1. Part Exchange on a New Build

A developer sells a new house.

The purchaser cannot complete because they haven’t sold their existing home.

A qualifying property trader purchases that existing property, allowing the new-build purchase to proceed.

Provided the statutory conditions are met, SDLT relief may be available on the acquisition of the customer’s old home.


2. Saving a Broken Property Chain

Property chains collapse every day.

Where an agreed sale falls through, a qualifying property trader may purchase the individual’s existing home, allowing the onward purchase to complete.

Again, SDLT relief may be available if the legislative conditions are satisfied.


3. Buying from an Estate

Relief may also apply where a qualifying property trader acquires residential property from the personal representatives of a deceased individual.


4. Employment Relocation

Although less common, relief can also apply where a property is acquired as part of a qualifying employee relocation arrangement.


The Conditions Matter

This is not a relief that can simply be claimed because a company buys a house.

Several important conditions apply.

The Property Must Qualify

The seller’s occupation of the property and, where relevant, their intended occupation of the replacement property must satisfy the statutory residence conditions.


Watch the Refurbishment Budget

Many developers are surprised by this.

The legislation limits the amount that can be spent on refurbishment.

Broadly, the permitted amount is:

  • £10,000, or
  • 5% of the purchase price,

whichever is greater, subject to an overall maximum of £20,000.

Spend more than this and the relief may be withdrawn.


Don’t Let the Property

The legislation also restricts:

  • granting leases or licences (other than limited statutory exceptions);
  • occupation by directors, employees or connected persons.

These conditions are easy to overlook but can have expensive consequences.


A Planning Opportunity Many Developers Overlook

Could Your Property Group Save SDLT Twice?

This is where things become particularly interesting.

Many property development groups separate their activities.

For example:

  • one company undertakes developments;
  • another company owns long-term investment properties;
  • another company undertakes construction activities.

This raises an important question.

Can a development company acquire a property using Property Trader Relief and later transfer that property into another company within the same group to hold as a long-term investment?

In the right circumstances, this may be possible.

Property Trader Relief and SDLT Group Relief are separate reliefs.

Where the statutory conditions for both reliefs are satisfied, an intra-group transfer may qualify for Group Relief, potentially allowing the property to move into an investment company without creating a further SDLT charge.

For example, a development group might:

  • acquire a customer’s property through its qualifying property trading company as part of a chain-breaking transaction;
  • complete the development sale;
  • decide that the acquired property represents an excellent long-term investment;
  • transfer that property into a separate group investment company.

This can provide significant commercial flexibility for property groups that both develop and retain investment properties. Do you pay SDLT on Properties Transfers within a Group? – Steve J Bicknell Tel 01202 025252

However, great care is required.

The availability of both Property Trader Relief and Group Relief depends on the detailed facts, the statutory conditions and the wider SDLT anti-avoidance provisions.

This is not something to implement after completion—it should be considered before contracts are exchanged.

This is often where specialist advice can save clients significant amounts of tax.


Example

ABC Developments agrees to sell a newly built property to Mr Smith.

Unfortunately, Mr Smith’s purchaser withdraws shortly before exchange.

Rather than lose the sale, ABC’s property trading company purchases Mr Smith’s existing home.

Provided the acquisition satisfies the statutory conditions, Property Trader Relief may eliminate the SDLT that would otherwise arise on that purchase.

Several months later, ABC decides the property would make an excellent addition to its rental portfolio.

Rather than selling it immediately, the company explores whether it can transfer the property into its group investment company.

Where the conditions for SDLT Group Relief are also met, this may offer an efficient long-term ownership structure without an additional SDLT charge.

The key point is that this planning should be considered at the outset, not after the transaction has completed.


Common Mistakes

The most common errors include:

❌ Assuming all developers qualify.

❌ Believing buy-to-let companies automatically qualify.

❌ Exceeding the refurbishment limit.

❌ Letting the property.

❌ Missing the SDLT claim.

❌ Structuring group companies without considering how Property Trader Relief and Group Relief interact.


Why Professional Advice Can Save Thousands

Property Trader Relief is one of those areas where the tax legislation creates opportunities—but only if transactions are structured correctly from the beginning.

The timing of acquisitions, the identity of the purchaser, the intended use of the property and the ownership structure of the group can all influence whether relief is available.

A conversation before exchange of contracts can often identify planning opportunities that are no longer available once the deal has completed.


How We Can Help

At Bicknell Business Advisers, we work with:

  • Property developers
  • Housebuilders
  • Construction companies
  • Property investment groups
  • Family property businesses

We regularly advise on:

  • SDLT planning
  • Development company structures
  • Property investment companies
  • Group reorganisations
  • Incorporation
  • Capital Gains Tax
  • Corporation Tax planning

If you’re acquiring residential property through a company—or you’re considering retaining development properties as long-term investments—it’s worth taking advice before the transaction is finalised.

Quite often, a relatively straightforward restructuring or careful planning before contracts are exchanged can produce substantial SDLT savings.

If you’re unsure whether Property Trader Relief, Group Relief or another SDLT relief may apply, we’d be pleased to discuss your proposed transaction.


About the Author

Steve Bicknell FCMA, CGMA is Managing Director of Bicknell Business Advisers Limited, specialising in tax advice for property developers, landlords, investors and construction businesses. Steve advises clients throughout the UK on SDLT, Capital Gains Tax, company structures and property tax planning.

Property Investor or Property Trader? The 9 Factors HMRC Uses

Property investor calculating tax on a property purchase

Many property investors assume that if they buy and sell property, any profit will automatically be subject to Capital Gains Tax (CGT). Unfortunately, it isn’t that simple.

One of the most common areas of dispute between landlords, developers and HMRC is whether a property has been held as an investment or whether the owner was actually trading in property.

The difference can be extremely expensive.

If HMRC decides that you were trading rather than investing, your profits could be taxed as income rather than capital gains. Depending on your circumstances, this could significantly increase your tax bill.

So how does HMRC decide?

The answer lies in a long-established set of principles known as the “badges of trade”, together with the overall facts surrounding each transaction.

Why Does It Matter?

The distinction affects almost every aspect of taxation.

A property investor will normally pay Capital Gains Tax when selling an investment property.

A property trader will generally pay Income Tax (or Corporation Tax if trading through a company), and individuals may also be liable to National Insurance.

If you hold property personally, you may also wish to read Tax Benefits of Incorporating Your Property Portfolio.

Tax Benefits of Incorporating Your Property Portfolio – Steve J Bicknell Tel 01202 025252

The classification can also affect:

  • loss relief
  • inheritance tax reliefs
  • business asset disposal relief
  • tax planning opportunities

Getting it wrong can prove costly.

The 9 Factors HMRC Looks At

No single factor determines the answer. HMRC considers the overall picture.

1. What Was Your Intention When You Bought the Property?

This is often the most important question.

Ask yourself honestly:

  • Did you intend to rent the property for many years?
  • Or did you always hope to renovate and sell it quickly for a profit?

HMRC will often review:

  • business plans
  • finance applications
  • correspondence
  • emails
  • board minutes
  • mortgage applications

to establish what your intention was when you purchased the property.


2. How Long Did You Own It?

Generally speaking:

Long ownership periods tend to support investment.

Very short ownership periods can suggest trading.

Selling shortly after completion of refurbishment may raise questions, particularly if there was never any genuine intention to let the property.

Of course, life changes. A genuine change in circumstances does not automatically make someone a trader.


3. Did You Carry Out Significant Development Work?

Buying a tired property, renovating it and immediately selling it is one of the classic indicators of property trading.

This doesn’t mean every renovation creates a trading business.

However, repeated refurbishment followed by quick sales is far more likely to attract HMRC’s attention.


4. How Frequently Do You Buy and Sell?

One isolated sale rarely causes concern.

But a pattern such as:

  • Buy
  • Renovate
  • Sell
  • Repeat

starts to resemble a property development business rather than long-term investment.

The more frequently transactions occur, the greater the likelihood that HMRC will argue you are trading.


5. How Was the Property Financed?

Finance tells a story.

For example:

Investment indicators

  • Buy-to-let mortgage
  • Long-term repayment strategy
  • Rental income covering repayments

Trading indicators

  • Bridging finance
  • Short-term development loans
  • Repayment dependent on selling the property

The type of borrowing often reflects your original intention.


6. Does the Property Produce Rental Income?

Investment properties normally generate rental income.

If a property has never been marketed for letting and has always been prepared for resale, HMRC may question whether it was ever genuinely intended to be an investment.

Keeping evidence of:

  • tenancy agreements
  • letting agent instructions
  • advertising
  • rental business plans

can be extremely helpful.


7. What Business Are You Already In?

If you’re already:

  • a builder
  • developer
  • construction company
  • estate agent

HMRC may naturally scrutinise property purchases more closely.

That doesn’t mean you can’t own investment properties.

However, you’ll need stronger evidence showing which properties are investments and which are trading stock.


8. How Is the Property Recorded in Your Accounts?

Many people overlook this.

The way a property appears in your accounts can provide important evidence.

For example:

Investment properties are usually shown as fixed assets.

Properties intended for resale are often treated as trading stock.

Changing the accounting treatment after purchase is rarely persuasive if it doesn’t reflect the original commercial reality.

If you’re a landlord, you may also find our guide to The Biggest Tax Mistakes Made by New Landlords helpful.

The Biggest Tax Mistakes Made by New Landlords – Steve J Bicknell Tel 01202 025252


9. Why Did You Sell?

Sometimes genuine circumstances change.

Examples include:

  • divorce
  • ill health
  • relocation
  • unexpected financial pressure
  • receiving an unsolicited offer

A genuine change of circumstances doesn’t necessarily turn an investment into trading stock.

The important point is being able to demonstrate why the original plan changed.

Good documentation can make all the difference.

No Single Factor Decides the Outcome

Many people ask:

“How many properties can I sell before HMRC considers me a trader?”

Unfortunately, there isn’t a simple answer.

HMRC looks at the overall picture.

You might sell one property and still be trading.

Equally, you might sell ten investment properties over many years without ever becoming a property trader.

Each case depends on its own facts.


Practical Tips

If your intention is genuinely long-term investment, keep evidence that supports your position.

Useful records include:

  • business plans
  • mortgage offers
  • letting agent instructions
  • tenancy agreements
  • board minutes (for companies)
  • rental income records
  • correspondence showing investment intentions

These documents can become invaluable if HMRC opens an enquiry several years later.


How We Can Help

At Bicknell Business Advisers, we specialise in advising:

  • Property investors
  • Landlords
  • Developers
  • Property companies
  • Family Investment Companies
  • Property entrepreneurs

Whether you’re buying your first buy-to-let, building a development portfolio, or unsure whether your activities could be treated as trading, obtaining advice before you buy—or before you sell—can often prevent costly tax problems later.

If you’d like to discuss your property portfolio or future plans, we’d be delighted to help.


About the Author

Steve Bicknell FCMA, CGMA is Managing Director of Bicknell Business Advisers Limited, a specialist property and construction accountancy practice. Steve advises landlords, developers and property investors across the UK on tax planning, company structures, capital gains tax and Making Tax Digital, helping clients build profitable property businesses while remaining fully compliant with HMRC.

Making Tax Digital for Income Tax – Understanding Quarterly Updates

From 6 April 2026, Making Tax Digital for Income Tax (MTD for Income Tax) is mandatory for sole traders and landlords with annual income over £50,000.

Under MTD for Income Tax, taxpayers are required to keep digital records and submit quarterly updates to HMRC using MTD-compatible software. But what are quarterly updates, and when is the first filing for 2026/27 due?

What is in a quarterly update?

MTD for Income Tax requires sole traders and landlords to report on a quarterly basis to HMRC.Each update is cumulative across the year. That means that, for each update period, you will report:

  • your self-employment or property income and expenses from the previous three months,
  • plus the total of your previously reported trade or property income and expenses for the tax year,
  • and any corrections made to those figures.

No accounting or tax adjustments are necessary before sending a quarterly update to HMRC.

What are the update periods?

There are two update periods under MTD for Income Tax. The standard update period is based on the tax year, and looks as follows:

Table 1

However, if a taxpayer chooses (and if their MTD software has the capability) it’s possible to send quarterly updates on a calendar basis instead. This can be particularly useful for businesses that prepare accounts to 31 March.

The submission period for a calendar update period is:

Table 2

In both cases, the submission deadline is the same. This means a business using a calendar update period actually has a few extra days each quarter to prepare their update.

Do I need to submit anything other than quarterly updates?

Yes. After the fourth quarterly update has been filed, you should make any tax or accounting adjustments to your figures, as well as add in any additional income sources that aren’t reported as part of MTD for Income Tax (e.g. pension income, employment income, interest income etc), and claim any tax reliefs to which you’re entitled, such as capital allowances.

This is known as the ‘final declaration’ and works as the MTD version of your self-assessment tax return. The deadline to submit a final declaration is the same as the online filing deadline for self-assessment tax returns – 31 January following the tax year end.

I am a sole trader and also receive property income. Do I need to submit multiple quarterly updates?

Yes. Separate quarterly updates need to be submitted for each trade or property business. That means if you earn trading income as well as rental income, you will need to send 8 quarterly updates across the tax year.

Need help with Making Tax Digital for Income Tax?

Looking for more information on what you need to include in your quarterly updates? Book some time to speak with a member of our team today – we’d be happy to guide you through the Making Tax Digital filing process.

The Biggest Tax Mistakes Made by New Landlords

Get Expert Help

Becoming a landlord can seem like a straightforward way to generate additional income and build long-term wealth. However, many first-time landlords quickly discover that property taxation is far more complex than expected.

HMRC has increased its focus on property income in recent years, and simple mistakes can lead to unnecessary tax bills, penalties, and costly investigations.

Here are some of the most common tax mistakes new landlords make — and how to avoid them.


1. Not Registering for Self Assessment

One of the biggest misconceptions among new landlords is assuming that HMRC will automatically know about their rental income through mortgage companies, letting agents, or the Land Registry.

Unfortunately, that is not how it works.

If you receive rental income from a property, you are generally required to register for Self Assessment and submit annual tax returns. HMRC register-for-self-assessment

When Must You Register?

You normally need to register if:

  • Your rental income exceeds £1,000 in a tax year
  • You make taxable profits from property
  • You already complete tax returns for other reasons

https://www.gov.uk/renting-out-a-property/paying-tax

The Risks of Not Registering

Failing to register can result in:

  • Late filing penalties
  • Interest charges
  • HMRC investigations
  • Higher penalties for deliberate non-disclosure

HMRC now receives increasing amounts of data from:

  • Letting agents
  • Deposit schemes
  • Airbnb and online rental platforms
  • Mortgage providers

As a result, undeclared rental income is becoming much easier for HMRC to identify.

Practical Tip

If you have recently started renting out a property and have not yet informed HMRC, it is usually better to make a voluntary disclosure before HMRC contacts you. We have help many new client with voluntary disclosures.


2. Missing Allowable Expenses

Many new landlords end up paying more tax than necessary simply because they fail to claim legitimate expenses.

Rental tax is based on profit, not rental income. That means you should deduct allowable business expenses before calculating your tax liability.

https://www.gov.uk/guidance/tax-free-allowances-on-property-and-trading-income

https://www.gov.uk/guidance/income-tax-when-you-rent-out-a-property-working-out-your-rental-income

https://www.gov.uk/guidance/changes-to-tax-relief-for-residential-landlords-how-its-worked-out-including-case-studies

Common Allowable Expenses

Landlords can usually claim:

  • Letting agent fees
  • Insurance
  • Repairs and maintenance
  • Council tax and utilities (if paid by the landlord)
  • Accountancy fees
  • Replacement furniture and appliances
  • Service charges and ground rent
  • Advertising costs

Repairs vs Improvements

This is an area that often causes confusion.

Generally:

  • Repairs are deductible
  • Improvements are capital expenses and may only reduce Capital Gains Tax when the property is sold

For example:

  • Replacing a broken boiler with a similar model is normally a repair
  • Upgrading to a significantly enhanced heating system may be treated as an improvement

Mortgage Interest Restrictions

Many landlords are also caught out by the mortgage interest rules introduced under Section 24.

Individual landlords can no longer deduct mortgage interest in full when calculating profits. Instead, they receive a basic rate tax credit.

This means some landlords pay tax on profits that are much higher than their actual cash surplus.


3. Joint Ownership Issues

Couples often purchase rental properties together, but many fail to consider how ownership structure affects taxation.

By default, HMRC usually assumes rental income for married couples is split 50:50, regardless of actual ownership proportions.

https://www.gov.uk/government/publications/income-tax-declaration-of-beneficial-interests-in-joint-property-and-income-17

This can create unnecessary tax exposure if:

  • One spouse is a higher-rate taxpayer
  • One spouse has unused personal allowances or lower tax rates

The Importance of Beneficial Ownership

In some cases, couples can structure ownership differently to improve tax efficiency.

However, this must be properly documented.

Simply deciding between yourselves how to split the income is not enough.

Where appropriate, couples may need:

  • A declaration of trust
  • Form 17 submitted to HMRC
  • Legal advice regarding ownership arrangements

A Common Mistake

Many landlords assume that because one person “manages the property”, all income can be declared on their tax return.

HMRC looks at legal and beneficial ownership, not who deals with the tenants.


4. Poor Record-Keeping

Good record-keeping is essential for landlords, yet it is one of the most overlooked areas.

https://www.gov.uk/self-assessment-tax-returns/records

Many landlords:

  • Lose receipts
  • Mix personal and rental spending
  • Fail to track mileage or expenses
  • Cannot evidence repairs carried out years earlier

This becomes a serious issue if HMRC opens an enquiry.

What Records Should Landlords Keep?

You should retain:

  • Rental statements
  • Bank records
  • Invoices and receipts
  • Mortgage interest certificates
  • Tenancy agreements
  • Mileage logs
  • Purchase and legal documents

Records should generally be kept for at least:

  • 5 years after the 31 January filing deadline

Digital Record Keeping

With Making Tax Digital expected to expand further in future years, digital record-keeping will become increasingly important.

https://www.gov.uk/guidance/check-if-you-need-to-use-making-tax-digital-for-income-tax

Using:

  • Cloud accounting software
  • Separate bank accounts
  • Digital receipt storage

can save significant time and reduce errors.


Final Thoughts

Property can be a strong long-term investment, but many new landlords underestimate the importance of proper tax planning and compliance.

The most common mistakes — failing to register with HMRC, missing expenses, structuring ownership incorrectly, and poor record-keeping — can all become expensive problems later.

Taking advice early and setting up good systems from the start can help landlords:

  • Reduce tax liabilities legitimately
  • Avoid penalties
  • Improve profitability
  • Stay compliant with HMRC

If you are a new landlord and want to ensure your property affairs are structured correctly, professional advice can often save far more than it costs.

Book a meeting to discuss how we can help

We also have the following useful resources

Property Fact Sheets | Bicknell Business Advisers

Monthly Property Newsletter | Bicknell Business Advisers

Budget 2025: Key Changes Affecting the Most People

a man in red shirt covering his face

On 26 November 2025, the Chancellor delivered a Budget that will impact almost every household and business over the coming years. While billed as a stabilising Budget, many of the measures announced will increase the tax burden for working people, savers, homeowners, landlords and business owners.

At Bicknell Business Advisers, we have reviewed the full report to highlight the changes that will affect the largest number of people — in practical, jargon-free terms. Download a 20 page report from our website www.bicknells.net


Frozen Income Tax Thresholds Until 2031

One of the most far-reaching changes is the decision to freeze income tax thresholds for an additional three years, now running until 2030/31. This means:

  • Your personal allowance stays at £12,570
  • Higher-rate and additional-rate thresholds are fixed until 2031
  • As incomes rise, more people will drift into paying higher tax bands

This “fiscal drag” will increase the tax paid by employees, pensioners and the self-employed over time.


Higher Taxes on Savings, Dividends and Property Income

From 2026–2027, several significant rate increases will affect investors, company directors and landlords.

Dividend Tax Increases (from April 2026)

  • Basic rate: 10.75%
  • Higher rate: 35.75%
    (an increase of 2 percentage points)

Savings & Property Income Tax Increases (from April 2027)

  • Basic rate: 22%
  • Higher rate: 42%
  • Additional rate: 47%

For many people, this will mean higher tax bills on rental income, interest, and dividends extracted from a company.


New High-Value Property “Mansion Tax”

From April 2028, a new council tax surcharge will apply to properties worth more than £2 million.

  • Annual charge: £2,500 to £7,500
  • Applies to the homeowner, not the occupier
  • Valuation will be set before the tax is introduced

This will particularly affect landlords, holiday let owners and those with high-value main residences.


ISA Changes: Cash Limit for Under-65s

The overall ISA limit stays at £20,000, but major changes arrive in April 2027:

  • Under-65s can only place £12,000 each year into a cash ISA
  • Over-65s retain the full £20,000 cash ISA allowance

This will be a significant shift for regular savers who rely on tax-free returns.


Minimum Wage Increases (April 2026)

Millions of UK workers will receive a pay rise:

  • National Living Wage (21+): £12.71
  • 18–20 Rate: £10.85
  • 16–17 & apprentices: £8.00

This change benefits workers but increases payroll costs for employers — something business owners should factor into 2026/27 planning.


Electric Vehicle Road Charge Introduced

From April 2027, the UK will introduce a mileage-based road charge:

  • 3p per mile for electric cars
  • 1.5p per mile for hybrids

This marks the beginning of a new era in EV taxation as the government seeks to replace lost fuel duty revenue.


Corporation Tax: No Change to Rates

Corporation tax remains unchanged into 2026/27:

  • 19% small profits rate
  • 25% main rate for profits over £250,000

However, combined with increased dividend taxes, company directors should review their remuneration strategies.


Making Tax Digital (MTD) Moves Forward

For sole traders and landlords with turnover above £50,000, MTD for Income Tax becomes mandatory from April 2026:

  • Quarterly digital submissions required
  • No penalties for late quarterly filings in year one
  • Annual submissions still required

This is a major shift for property landlords and small businesses.


Stamp Duty: No Changes for Homebuyers

There were no changes to Stamp Duty Land Tax (SDLT) in England or Northern Ireland:

  • Threshold remains £125,000
  • First-time buyer relief unchanged
  • Additional property surcharges continue to apply

This stability will be welcomed by buyers and landlords planning acquisitions.


How Bicknell Business Advisers Can Help

These Budget changes mean many individuals and businesses will face higher tax bills and greater compliance obligations. Early planning is essential.

We can support you with:

  • Personal tax planning for 2026 and beyond
  • Dividend and remuneration strategies
  • Property and landlord tax reviews
  • Business planning for wage and NIC changes
  • Preparing for Making Tax Digital
  • Inheritance tax and estate planning

If you’d like personalised advice, please get in touch.
We’re here to help you plan with confidence.

https://www.bicknells.net/meet-the-team


Could taxes go up in the Autumn Budget? How to be ready

Budget impact

At the last general election, the Labour party pledged to not raise taxes for ‘working people’,with assurances that there will be no changes to income tax, national insurance (NI) and VAT.

While this pledge may appeal to UK workers, it does limit what the Chancellor, Rachel Reeves, can do when it comes to raising taxes and reducing the UK’s current economic deficit.

With individual taxes protected, some commentators have argued that it’s UK businesses that will bear the brunt of any hikes in taxation.

But what tax changes are most likely? And could any changes impact you and your business?

Possible changes that could be announced in the Autumn Budget

Let’s take a look at some of the potential changes we could see being announced by Rachel Reeves on the 26th November.

Remember, these are speculative outcomes from the Budget and nothing has yet been confirmed by the Chancellor or the Labour party.

Here are the areas most likely to see amendments

Personal taxes

Capital Gains Tax:

Capital gains tax (CGT) is widely tipped for changes. The government may raise the rates of CGT or reduce the annual tax-free allowance, which has already been significantly cut in recent years. There’s also speculation about extending CGT to high-value homes as an easy way to raise more tax revenue when property owners sell more expensive properties.

Inheritance Tax (IHT):

Reforms to IHT are being considered. This could include lowering the current tax-free threshold of £325,000, which has been frozen since 2009, or tightening rules around gifting to prevent large estates from avoiding tax.

Income Tax Thresholds:

While the government has pledged not to raise the rate of income tax, a common ‘stealth tax’ is to freeze tax thresholds. It’s possible the current freeze on income tax thresholds could be extended. This would pull more people into higher tax brackets as wages rise, generating more tax revenue for HMRC.

Pensions:

Changes to pensions are possible, with a focus on areas like the tax-free lump sum that can be taken from a pension, or restricting the tax efficiency of salary sacrifice schemes.

Business taxes

VAT changes:

It’s possible that widening the scope of VAT could raise significant tax revenue. There’s also speculation that the Chancellor may reduce the VAT registration threshold, currently set at £90,000 p.a. This would require many more businesses to register for VAT and charge the tax on goods and services.

Business rates:

Although not part of the Autumn Budget, changes to business rates could have a major impact for some businesses. Businesses are already facing new business rate burdens, but some commentators are warning of an ‘unavoidable double hit’ that could push UK business rates bills up by £2.5bn.

Business Asset Disposal Relief (BADR):

For business owners who plan to sell their company, changes to CGT on these sales have already been announced. The rate for BADR rose from 10% to 14% in April 2025, and there’s a further increase to 18% planned for April 2026. Changes to the rate, or the period of availability of BADR are additional possibilities.

Property Taxes: A Likely Target Area

Stamp Duty Land Tax (SDLT) Reform

The Chancellor is considering replacing SDLT with a national property tax or sale-based levy on homes worth over £500,000.
This could reduce costs for first-time buyers but increase tax for luxury properties.

Council Tax Reform

Council tax may finally be revalued after more than 30 years, with proposals to:

Link bills to current market values

Shift liability to property owners rather than occupants

Give local councils rate-setting powers

CGT on High-Value Homes

Homes worth over £1.5 million may lose full CGT exemption — a move aimed at capturing untaxed gains from the wealthiest property owners.

Landlords and Rental Income

The government could extend National Insurance Contributions to rental income and revisit mortgage interest and loss relief rules, increasing costs for private landlords.

We’ll be summarising the key points of the Autumn Budget once the Chancellor delivers her speech.

HMRC Update: New Evidence Rules for £312 Working From Home Allowance (Effective 14 October 2024)

Directors and business owners who claim the £312 flat rate per year (£6 per week) for working from home should be aware of a key policy change from HMRC, effective 14 October 2024. Going forward, claims for this relief must be supported by a formal obligation to work from home, such as a clause in a service agreement, contract, or board resolution.

This change represents a shift from previous practice, where many directors and employees could claim the relief on a discretionary or informal basis. HMRC is now tightening its stance — and the lack of documented obligation will invalidate claims.


🔍 What’s Changed?

From 14 October 2024, HMRC will only accept P87 claims for homeworking expenses if there is written evidence that the employee or director is contractually required to work from home.

The key requirements include:

  • A written agreement (e.g., employment contract, service agreement, or board resolution).
  • A regular and frequent homeworking pattern, typically as a guide at least two days per week, though not necessarily on the same days. The days are not specified in Evidence required to claim PAYE (P87) employment expenses – GOV.UK
  • Voluntary or informal homeworking arrangements no longer qualify.

✅ What Does This Mean for Directors?

If you’re a limited company director working from home, you should:

  1. Update your service agreement or contract to include a homeworking clause.
  2. Pass a board resolution confirming the homeworking requirement.
  3. Ensure the arrangement is regular and necessary for business purposes.
  4. Retain all documentation as part of your company’s formal records.

✍️ Sample Wording for Compliance

To help you stay compliant, below is a model clause that can be included in a service agreement or board resolution:

📄 Homeworking Requirement – Example Clause

“The Company requires the Director to work from their home address at [insert address] for a minimum of [insert number] days per week. This arrangement is a condition of employment and is necessary for the proper performance of the Director’s duties. The Director’s home is deemed an official workplace for the purposes of fulfilling their role and responsibilities. The Company will review this arrangement annually, but it will remain in place unless varied in writing by mutual agreement. The Director must ensure that their homeworking environment is suitable for conducting business and agrees to be available and contactable during normal business hours on homeworking days.”

🗂️ Supporting Board Resolution – Example

“At a meeting of the Board of Directors held on [insert date], it was resolved that [Name of Director] is contractually required to work from home at least [insert number] days per week as part of their duties for the Company, with effect from [insert date]. This resolution is to be retained with the Company’s records as evidence of the homeworking requirement.”


💡 Claims Above £312?

If actual costs exceed the £6 per week flat rate, higher claims may be allowable, but these will require:

  • Strong supporting documentation, and
  • In some cases, pre-approval from HMRC.

🛠️ Next Steps

If you currently claim the flat rate and do not have documented homeworking requirements in place:

  • Review your existing contracts.
  • Draft a resolution or contract amendment now.
  • Contact Bicknell Business Advisers for assistance in formalising the arrangement.