Forgot to Declare Rental Income? What to Do Before HMRC Contacts You

Forgot to Declare Rental Income? HMRC Let Property Campaign 2026

HMRC’s Let Property Campaign Explained – Undeclared Rent, Penalties, Interest and How Far Back HMRC Can Go

By Steve Bicknell FCMA, CGMA

Have you received rental income that you haven’t declared to HMRC?

Perhaps you:

  • inherited a property and started letting it;
  • became an accidental landlord;
  • own a rental property jointly with somebody else;
  • assumed your letting agent dealt with the tax;
  • thought there was no profit because the rent only covered the mortgage;
  • spent substantial amounts repairing or improving the property;
  • live abroad but rent out a UK property;
  • or simply didn’t realise the income needed to be reported.

If so, ignoring the problem is unlikely to make it disappear.

HMRC operates the Let Property Campaign, which gives many individual residential landlords an opportunity to disclose previously undeclared rental income and bring their tax affairs up to date. HMRC’s current guidance was updated on 6 April 2026.

And there is an important reason to deal with the problem sooner rather than later:

IT CAN BE BETTER TO APPROACH HMRC BEFORE HMRC APPROACHES YOU

HMRC specifically distinguishes between unprompted and prompted disclosures. A disclosure is unprompted where, at the time it is made, you have no reason to believe HMRC has discovered or is about to discover the failure. Otherwise it is prompted.


Let Property Campaign – Quick Answer

If you have undeclared rental income, don’t simply put several years of old rent on your next Self Assessment return and assume the problem is fixed.

The correct route depends on the circumstances, but for many individual residential landlords the process is broadly:

1. Establish what has not been declared

Identify the property, ownership, rental periods and affected tax years.

2. Notify HMRC

Tell HMRC that you intend to make a disclosure.

3. Receive HMRC’s disclosure reference

HMRC provides a Disclosure Reference Number and payment reference.

4. Calculate what is owed

This can include:

TAX + INTEREST + PENALTIES

5. Submit the disclosure

HMRC currently gives you 90 days from its acknowledgement of the notification to submit the disclosure.

6. Pay HMRC

Payment is normally due by the same deadline. If you cannot pay in full, HMRC says you should discuss the position with it before submitting the disclosure.


What Is HMRC’s Let Property Campaign?

The Let Property Campaign has been operating since 2013.

It is aimed at individual landlords who owe tax from letting residential property, including property in the UK and overseas.

It can potentially cover people who:

  • rent one residential property;
  • own several rental properties;
  • rent a room above the Rent a Room threshold;
  • have relevant holiday letting income;
  • live abroad and rent UK residential property;
  • or have inherited a property and subsequently rented it out.

This means the campaign is not just for professional landlords with large portfolios.

Some of the people most likely to get into difficulty are those who never really regarded themselves as landlords in the first place.

The underlying property-sector material also reflects this: examples include inherited property, joint ownership and landlords who misunderstood the effect of mortgage payments or improvements on taxable profit.


Who Cannot Use the Let Property Campaign?

The campaign is primarily for individual residential landlords.

It is not the disclosure route for:

COMPANIES

or:

TRUSTS

and other disclosure routes may be needed for different types of taxpayer or income.

That does not mean undeclared income can simply be ignored. It means the correct HMRC disclosure mechanism needs to be identified.


Common Ways Landlords End Up With Undeclared Rental Income

Not every case begins with somebody deliberately deciding not to pay tax.

The Accidental Landlord

Sarah moves in with her partner but keeps her previous home and rents it out.

She has always been taxed through PAYE and has never normally completed a Self Assessment return.

Three years later she discovers that the rental income should have been considered for tax.


The Inherited Property

John inherits his mother’s house.

Rather than sell it immediately, he rents it out.

He assumes that because the property was inherited and much of the rent is being spent maintaining it, there is nothing to report.

That assumption may be wrong.

Inherited residential property can still generate taxable rental income.


Joint Owners

Two siblings jointly own a rental property.

The rent goes into one bank account and neither has correctly declared their share.

Each individual’s tax position needs to be considered separately.


“The Mortgage Used All the Rent”

David receives £18,000 a year in rent.

His mortgage payments, repairs and other costs come to almost £18,000.

He concludes:

“I haven’t made any money, so there can’t be any tax.”

Unfortunately:

CASH FLOW AND TAXABLE RENTAL PROFIT ARE NOT THE SAME THING


Can HMRC Find Out That I Own a Rental Property?

You should not assume that because HMRC has not contacted you yet, it does not know about the property.

HMRC can compare information it holds with information from other sources.

The more important point is:

DON’T BASE YOUR DECISION TO DISCLOSE ON WHETHER YOU THINK HMRC WILL FIND OUT

If you know there is undeclared rental income, investigate the position.

Waiting for HMRC to contact you may also affect whether the disclosure is treated as prompted or unprompted.


How Far Back Can HMRC Go for Undeclared Rental Income?

This is one of the first questions landlords usually ask.

And the answer is not simply:

“HMRC can always go back 20 years.”

The period depends heavily on what happened and why the tax was underpaid.

Broadly, different time limits can apply depending on whether the taxpayer took reasonable care, was careless, acted deliberately, or failed to notify HMRC of the tax liability.

The practical message is:

THE REASON FOR THE ERROR MATTERS

not just the number of years the property has been rented.

That is why preparing a clear chronology of what happened is so important.


Reasonable Care, Careless or Deliberate?

You should not simply choose whichever description produces the lowest penalty.

The facts need to support the position.

There can be a significant difference between someone who:

  • tried to get their affairs right but still made an error;
  • failed to take reasonable care;
  • or knew tax was due and deliberately failed to report the income.

Those circumstances can affect:

HOW FAR BACK HMRC CAN GO

and:

THE PENALTY POSITION

The underlying disclosure guidance also distinguishes careless, deliberate and deliberate-and-concealed behaviour, with increasingly serious penalty consequences.


Prompted vs Unprompted Disclosure – Why It Matters

This distinction can be very important.

Unprompted Disclosure

HMRC says a disclosure is unprompted where the taxpayer has no reason to believe HMRC has discovered or is about to discover the failure.

Prompted Disclosure

Otherwise the disclosure is prompted.

HMRC expressly says it wants to encourage taxpayers to come forward voluntarily.

So if you already know there is a problem:

DON’T WAIT FOR THE HMRC LETTER SIMPLY BECAUSE IT HASN’T ARRIVED YET


Does an Unprompted Disclosure Mean No Penalty?

Not necessarily.

But the timing and quality of the disclosure can influence the penalty outcome.

HMRC considers matters including:

TELLING

HELPING

GIVING ACCESS

The source material describes these as providing a full explanation, helping HMRC establish the correct liability and providing access to supporting records.

A carefully prepared disclosure is therefore very different from simply sending HMRC a rough estimate.


Worked Example – Five Years of Undeclared Rental Income

Consider a deliberately simplified example.

A landlord discovers that rental income has not been correctly declared for five years.

After reconstructing the records:

Illustrative amount
Gross rental income£38,000
Allowable property expenses(£12,000)
Taxable rental profits£26,000
Estimated additional Income Tax£7,000
Estimated late-payment interest£1,400
Illustrative penalties£1,200
Illustrative total payable£9,600

This is only an illustration.

An actual disclosure should be calculated tax year by tax year, taking account of:

  • the landlord’s other income;
  • allowances;
  • applicable tax rates;
  • finance-cost rules;
  • losses;
  • interest;
  • behaviour;
  • and the appropriate penalty rules.

The source working example illustrates the same underlying principle: unpaid tax, penalties and late-payment interest are separate components of the eventual liability.


“But My Mortgage Cost More Than the Rent – Surely There Is No Tax?”

This is a very common misunderstanding.

Imagine:

Rent received: £18,000
Mortgage payments: £14,000
Other costs: £3,000

Cash remaining:

£1,000

That does not automatically mean taxable property profit is £1,000.

Mortgage payments may include:

CAPITAL REPAYMENT

and:

INTEREST

Repaying borrowed capital is not an ordinary deductible property expense.

And for individual residential landlords, qualifying finance costs are subject to specific rules rather than being treated like an ordinary expense deduction. HMRC confirms that the full mortgage payment is not deductible and that residential mortgage interest is subject to the finance-cost restriction rules.

Therefore:

CASH PROFIT ≠ TAXABLE RENTAL PROFIT


“I Spent Thousands Renovating the Property – Can’t I Deduct It?”

Again, it depends on the nature of the expenditure.

There is a major distinction between:

REPAIRS

and:

CAPITAL IMPROVEMENTS

HMRC allows qualifying repairs and maintenance as property-business expenses, but improvements and other capital expenditure are not ordinary deductions against rental income.

So do not simply total every builder’s invoice and deduct it from the rent.


What Expenses Can Potentially Be Claimed?

Depending on the year and the circumstances, qualifying expenses can include items such as:

  • letting agent fees;
  • accountants’ fees;
  • buildings and contents insurance;
  • repairs and maintenance;
  • utilities paid by the landlord;
  • service charges;
  • ground rent;
  • cleaning and gardening;
  • and other direct costs of letting the property.

The source checklist similarly identifies agent statements, repairs, insurance, service charges, mortgage-interest information and replacement domestic items as useful disclosure records.


What If I Don’t Have All the Old Records?

This is extremely common, particularly where the problem goes back many years.

But:

MISSING RECORDS DON’T MEAN YOU SHOULD SIMPLY ACCEPT A GUESS

Historic property accounts can often be reconstructed from:

  • bank statements;
  • letting-agent statements;
  • tenancy agreements;
  • mortgage statements;
  • credit-card statements;
  • insurance records;
  • invoices;
  • service-charge statements;
  • council tax records;
  • emails;
  • deposit information;
  • and other evidence.

The source material specifically anticipates reconstructing missing rental history from estimates, emails and tenancy-deposit information where necessary.

And this can make a very substantial difference.


Real Case Study – HMRC Assessment Reduced by £32,085

In one previous case, HMRC contacted a landlord about undeclared property income going back to 2010/11.

HMRC’s original assessment was:

£54,798

We reconstructed the historic records using:

  • bank statements;
  • letting records;
  • expenses;
  • credit-card statements;
  • and other supporting information.

The work became effectively a forensic reconstruction exercise, with information and questions going backwards and forwards with HMRC over many months.

HMRC ultimately issued a revised assessment of:

£22,713

The reduction was:

£32,085

The case demonstrates an important principle:

DON’T ASSUME HMRC’S FIRST FIGURE IS NECESSARILY THE FINAL ANSWER

The objective is not to invent expenses or artificially reduce the liability.

It is to establish the correct position supported by the best available evidence.

Read the full £32,085 Undeclared Property Income case study


Free Download – Let Property Campaign Checklist

We have prepared a practical checklist to help landlords identify the records and information likely to be needed.

It covers:

  • property ownership;
  • letting history;
  • rent received;
  • allowable expenditure;
  • mortgage information;
  • missing records;
  • other taxable income;
  • circumstances surrounding the omission;
  • and the HMRC disclosure process.

Use this CTA button on the blog:

FREE DOWNLOAD

Let Property Campaign – Landlord Disclosure Checklist

Download the Let Property Campaign Landlord Disclosure Checklist


What Information Should You Gather?

Before calculating a disclosure, I would normally want to establish:

Property

  • full address;
  • date acquired;
  • ownership percentages;
  • changes in ownership;
  • whether the property has now been sold.

Letting History

  • date letting commenced;
  • tenancy periods;
  • void periods;
  • gross rents for each tax year;
  • letting-agent statements.

Expenses

  • repairs;
  • insurance;
  • agent fees;
  • service charges;
  • professional fees;
  • replacement items;
  • mortgage interest/finance costs;
  • other property expenditure.

Wider Tax Position

  • employment income;
  • self-employment income;
  • pensions;
  • other property income;
  • previous Self Assessment returns;
  • losses brought forward.

Explanation

Prepare a chronology explaining:

  • when the property was first let;
  • what you understood the tax position to be;
  • whether advice was obtained;
  • why the rent was not declared;
  • when the issue was discovered;
  • and what happened afterwards.

What If the Property Is Jointly Owned?

Do not automatically report all the rental income on one person’s disclosure.

The ownership and tax treatment need to be established.

This is particularly important for:

  • spouses and civil partners;
  • siblings;
  • unmarried couples;
  • unequal ownership;
  • and situations where all rent happened to be paid into one person’s bank account.

What If the Property Has Already Been Sold?

Selling the property does not make historic rental income disappear.

There may also be a separate:

CAPITAL GAINS TAX

position to review.

The disposal and the historic rental income should therefore both be considered.


What About Overseas Rental Property?

The Let Property Campaign can potentially cover undisclosed residential rental income from overseas property as well as UK property.

Offshore cases can be more complex because of:

  • residence;
  • foreign tax;
  • double-taxation relief;
  • and potentially different penalty rules.

Professional advice is especially sensible where overseas property is involved.


How Is Interest Calculated?

Interest is separate from the penalty.

HMRC charges late-payment interest because the tax was paid later than it should have been.

A multi-year disclosure therefore often requires a separate interest calculation for each affected tax year.

The source working illustrates just how much the interest can build across several historic years.


The 90-Day Let Property Campaign Process

STEP 1 – NOTIFY HMRC

Tell HMRC that you intend to disclose.

↓

STEP 2 – RECEIVE THE DISCLOSURE REFERENCE

HMRC provides the relevant reference numbers.

↓

STEP 3 – RECONSTRUCT THE PROPERTY ACCOUNTS

Calculate the correct result for every relevant year.

↓

STEP 4 – CALCULATE TAX

Take account of other income, allowances, losses and year-specific tax rules.

↓

STEP 5 – CALCULATE INTEREST

Calculate late-payment interest.

↓

STEP 6 – CALCULATE PENALTIES

Consider:

behaviour

prompted vs unprompted

quality of disclosure

↓

STEP 7 – SUBMIT THE DISCLOSURE

Normally within:

90 DAYS

↓

STEP 8 – PAY HMRC

or agree an appropriate payment arrangement.

The source material sets out the same broad sequence: notification, calculation and submission within the 90-day window, followed by payment.


What If I Can’t Afford to Pay HMRC?

Do not let inability to pay immediately stop you from addressing the tax problem.

HMRC has a dedicated Let Property Campaign contact route and advises taxpayers who need help with the campaign to contact it.

The sensible approach is to establish the correct liability and discuss affordability rather than ignoring the disclosure altogether.


Will HMRC Automatically Accept My Disclosure?

No.

HMRC can review the disclosure and request further information.

That is another reason why accurate calculations and supporting evidence matter.

A properly prepared disclosure should be capable of explaining:

  • how the figures were calculated;
  • what assumptions were made;
  • why the omission occurred;
  • and what records support the position.

Should I Just Wait and See Whether HMRC Contacts Me?

In my view:

NO

If you have identified undeclared rental income, investigate it now.

Waiting can:

  • increase interest;
  • leave you dealing with the problem on HMRC’s timetable;
  • and potentially turn an unprompted disclosure into a prompted one.

HMRC’s own guidance says it wants to encourage unprompted disclosures.


Let Property Campaign – Decision Tree

Have you received rental income?

NO

→ The Let Property Campaign probably is not relevant.

YES

↓

Was all taxable rental income correctly reported?

YES

→ A historic disclosure may not be needed.

NO / NOT SURE

↓

Has HMRC already contacted you about the rent or property?

NO

INVESTIGATE AN UNPROMPTED DISCLOSURE NOW

YES

TAKE ADVICE BEFORE RESPONDING

↓

Establish:

YEARS + RENT + EXPENSES + FINANCE COSTS + OTHER INCOME

↓

Calculate:

TAX + INTEREST + PENALTIES

↓

Submit the appropriate disclosure and make sure current reporting is brought fully up to date.


Frequently Asked Questions

I forgot to declare rental income. What should I do?

Establish the tax years and amounts involved and consider whether HMRC’s Let Property Campaign is the correct disclosure route.

Can HMRC go back 20 years?

Potentially, depending on the circumstances. The reason for the underpayment and whether you failed to notify HMRC are important.

What if the rent only covered my mortgage?

That does not necessarily mean there is no taxable profit. The full mortgage payment is not an allowable rental expense.

What if I spent thousands renovating the property?

Repairs may potentially be deductible. Improvements and other capital expenditure generally are not ordinary deductions against rental income.

What if I have no records?

Historic accounts can often be reconstructed using bank statements, letting-agent statements, mortgage records and other available evidence.

What if HMRC’s estimate looks too high?

Check it carefully. Our previous property case resulted in a £54,798 HMRC assessment being reduced to £22,713 after the historic records were reconstructed.

Can my accountant make the disclosure?

Yes, an agent can assist with the disclosure process.

Can a limited company use the Let Property Campaign?

The campaign is aimed at individual landlords; other disclosure routes are used for companies.

What if HMRC has already written to me?

Do not ignore the letter. The prompted/unprompted position and the correct response need to be considered carefully.

How long do I get to complete the disclosure?

HMRC currently gives 90 days from acknowledgement of notification.


How Bicknell Business Advisers Can Help

A Let Property Campaign disclosure involves much more than adding up rent received.

We can help:

1. Establish the history

Identify the properties, ownership, letting dates and years affected.

2. Reconstruct the rental accounts

Using bank statements, letting records, mortgage statements, credit cards and other available evidence.

3. Identify allowable expenses

Including repairs versus improvements and the correct treatment of finance costs.

4. Calculate each tax year

Taking account of other income, allowances, tax rates and losses.

5. Calculate interest and penalties

Including consideration of behaviour and whether the disclosure is prompted or unprompted.

6. Prepare the explanation

Set out what happened and why.

7. Deal with HMRC

Assist with notification, submission and queries.

8. Get the current position right

Make sure ongoing rental income is correctly reported going forward.


Don’t Wait for HMRC to Find the Problem

Discovering that several years of rental income have not been declared can be worrying.

But the sensible response is to establish:

WHAT SHOULD HAVE BEEN DECLARED

then:

HOW MANY YEARS NEED CORRECTING

then:

WHAT TAX, INTEREST AND PENALTIES ARE ACTUALLY DUE

And as our £32,085 case study demonstrates, properly reconstructing the records can make a very significant difference.

The objective is not to produce the lowest possible figure.

It is to produce the:

CORRECT, EVIDENCED FIGURE

and make a complete disclosure.

If you have undeclared rental income, inherited a property that has been let, received an HMRC letter or are simply unsure whether historic rental income was correctly reported, Bicknell Business Advisers can review the position and help you decide the appropriate next step.

Useful Blogs

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 property company structures throughout the UK.

HMRC raids increase by 28% in the last year!

Regretful businessman in prison

In the last year HMRC have increased their raids on business premises by 28% and that’s a 53% increase over 5 years.

761 properties were raided last year!

HMRC possesses powers to raid premises with a search warrant granted by a judge or magistrate.

During August 2016 (Consultations end in October 2016) they issued 3 new consultations:

Tackling the hidden economy: Sanctions

Tackling the hidden economy: Extension of data – gathering powers to Money Service Businesses

HMRC have always been keen to seek out those who fail to register for tax, since 2011 they have been using CONNECT.

According to Accounting Web:

It uses a mathematical technique to search previously unrelated information and detect otherwise invisible ‘relationship’ networks. Using Connect, HMRC sifts through information on property transactions at the Land Registry, company ownerships, loans, bank accounts, employment history, voting and local authority rates registers and compares with self-assessment records to spot taxpayers who might be under-declaring or not declaring income.

Connect has made links between tax records and third party data from hospitals, pharmaceutical companies, insurers and even gas SAFE registrations. DVLA records and the shipping and Civil Aviation Authority registers help identify owners of cars and planes who declare income that the computer suggests cannot support such purchases.

If you have undeclared tax now would be a good time to tell HMRC.

steve@bicknells.net

Does your tax agent ask for too many refunds?

SA100 tax return form with calculator and pencil lying on table

High Volume Agents (HVAs) deal with large numbers of clients, often for a short time only, and make repayment claims or submit returns that generate repayments.

HVAs usually

  • provide services on a commission or ‘no repayment no fee’ basis
  • target clients in a specific trade or industry, for example the construction industry
  • submit high numbers of repayment claims relating to expenses incurred in their clients’ employment or trade
  • receive the tax repayment as a nominee for their client
  • are not members of a professional taxation accountancy body, although some of their staff may hold professional qualifications
  • have little or no face to face contact with their clients as much of their business is carried out electronically.

A repayment claim can be made using any of the following

  • P87
  • stand alone claim by correspondence
  • Self Assessment tax return
  • unsolicited return.

The range of expenses claimed that results in a repayment usually include

  • travel
  • subsistence
  • overnight accommodation
  • cost of food
  • use of home
  • wife, civil partner or relative’s wages
  • cost of tools
  • protective or specialist clothing
  • laundry
  • telephone costs.

Further details in CH820000

HMRC have targeted firms with as few as 30 clients! so don’t think it only applies to large scale operations

HMRC are particularly interested in claims where the expenses are more that 10% higher than the income.

An agent’s poor technical ability that puts tax at risk will generally fall into one or more of the following categories

  • bookkeeping or accounting errors
  • computational errors
  • lack of tax knowledge or expertise
  • unreasonable or untenable technical views.

HVA’s are asked to enter into a memorandum of understanding agreements which are designed to check clients are paying the correct tax, in general this is likely to result in higher tax payments.

So be careful who you ask to be you agent! your tax saving might be short lived.

 

steve@bicknells.net

 

Will your tax return stand up to HMRC Profit Benchmarking?

11931862094_e7a9299369_z

HMRC have been doing lots of research on SME businesses, the most interesting areas of research are:

Understanding Small and Medium Enterprise (SME) business life events – SME Customer Journey Mapping

Research was carried out to understand:

  • the key life events and activities that SMEs experience
  • how these relate to tax
  • what opportunities there are for the improvement of HM Revenue and Customs (HMRC) services by more closely aligning them to business lifecycles

The Transparent Benchmarking Team Statement (November 2014)

HMRC is conducting a number of pilots, focussed on SME customers, designed to explore the effectiveness of publishing benchmarks on aiding greater voluntary compliance.

Following the first pilot (benchmark net profit ratios for Painters and Decorators, and Driving Instructors) in March 2014, HMRC will run two more in the autumn. One of these will focus on self-employed taxi drivers and pharmacists, where HMRC will be writing to around 2,500 agents that have a number of clients in the target sectors. The idea is to test whether publishing benchmarks through an agent is more effective than writing to a customer directly. Letters will also be sent to a sample of represented and unrepresented customers within the selected sectors to form control groups for evaluation purposes. All represented individuals and businesses written to directly will be informed that their agent has not received a copy of the letter.

The benchmark for both sectors is the net profit ratio. Because this is a controlled pilot exercise, not all agents or businesses within the relevant sectors will be receiving a letter. (source CIOT)

The Benchmarks we know so far are:

  • Painters & Decorators range from 59% to 79%
  • Driving Instructors 31% to 67%

So the range of profits are big!

We await the ranges for Taxi Drivers and Pharmacists.

If your profit doesn’t fit then you need to know why.

Do not ignore the letter because HMRC are likely to follow it up and assume you are deliberately trying to avoid tax!

You may have some valid reasons for not fitting the benchmark and you must explain those reasons to HMRC.

A deliberate error will results in a higher penalty (up 100% of the tax) but can also open the door to HMRC going back over up to 20 years of your accounts!

The letters refer to common mistakes in:

  • Travel Expenses
  • Telephone Costs
  • Utility and insurance charges
  • Professional Fees
  • Capital Expenditure

You may find these blogs helpful

Motor Expenses

Travel Expenses

Home Office Expenses

10 Ways to Save Tax

HMRC also have some useful toolkits/checklists…..

Business Profits Toolkit

Private and Personal Expenditure Toolkit

steve@bicknells.net

Have you got undeclared Credit Card sales?

Kartenlesegerät, geld überweisen,  Kreditkarte, Hand

The Credit Card Sales Campaign is an opportunity to bring your tax affairs up to date if you’re an individual or business that accepts credit or debit card payments.

Who can do this

This opportunity is for you if:

  1. you accept card payments for goods or service
  2. you haven’t declared all your UK tax liabilities

Get the best terms

You need to tell HM Revenue and Customs (HMRC) if you either:

  • haven’t registered with them
  • have failed to declare all your income

This is called a ‘voluntary disclosure’.

What happens if you should disclose but don’t

HMRC has details of all credit and debit card payments to UK businesses. This information is used to identify individuals and businesses that might not have paid what they owe.

Credit Card Sales Campaign Helpline
Telephone: 0300 123 9272
From outside the UK: +44 300 123 9272
Monday to Friday, 9am to 5pm

steve@bicknells.net

Is there any point in DOTAS if the tax will be paid upfront?

Scaring amounts

The Finance (No2) Bill 2014, which is due to receive Royal Assent in July, contains legislation which will enable HMRC to demand payment upfront of disputed tax in certain cases, principally involving tax avoidance or deferral. It is estimated that up to 43,000 taxpayers could receive such a demand. Those demands will be issued over an extended period but the first are likely to be issued as early as September 2014.

Taxpayers who have sought tax advantages through tax avoidance schemes that fall within the Disclosure of Tax Avoidance Schemes (DOTAS) are likely to be most affected.

Here is a link to the SRNs (Scheme Reference Numbers) affected – click here

Over the next 2 years HMRC estimates that it will rake in £7 billion through the use of these notices. Of this £7 billion, individuals will weigh in with £5.1 billion. This would equate to each person having a gross income of £262,000.

Last week the Financial Times reported that Ingenious Media, an investment company, warned 1,300 of its investors, including business leaders, entertainers and sporting celebrities, such as David Beckham, to expect substantial tax bills with interest, as reward for using its tax avoidance scheme. (Contractor Weekly)

This is a radical change and many might say its been a long time coming.

It has always struck me as slightly bizarre the DOTAS were registered and allowed to exist.

steve@bicknells.net

 

A Trillion Euro’s lost to tax evasion in the EU

 

A Trillion is a huge amount, its almost too large to imagine.

Here is the latest campaign video

http://ec.europa.eu/avservices/video/player.cfm?ref=I080915

As part of the intensified battle against tax fraud, the Commission launched on 6th February 2014 the process to start negotiations with Russia and Norway on administrative cooperation agreements in the area of Value Added Tax (VAT). The broad goal of these agreements would be to establish a framework of mutual assistance in combatting cross-border VAT fraud and in helping each country recover the VAT it is due. VAT fraud involving third-country operators is particularly a risk in the telecoms and e-services sectors. Given the growth of these sectors, more effective tools to fight such fraud are essential to protect public budgets. Cooperation agreements with the EU’s neighbours and trading partners would improve Member States’ chances of identifying and clamping down on VAT fraud, and would stem the financial losses this causes. The Commission is therefore asking Member States for a mandate to start such negotiations with Russia and Norway, while continuing exploratory talks with a number of other important international partners.

http://ec.europa.eu/taxation_customs/taxation/tax_fraud_evasion/missing-part_en.htm

steve@bicknells.net

HMRC demand payment from Landlords

Mosaïque de logements

HMRC launched the ‘Let Property Campaign‘ on the 10th December 2013.

If you’re a landlord who has undisclosed income you must tell HMRC about any unpaid tax now. You will then have 3 months to calculate and pay what you owe.

The Let Property Campaign is an opportunity open to all residential property landlords with undisclosed taxes. This includes:

  • those that have multiple properties
  • landlords with single rentals
  • specialist landlords with student or workforce rentals
  • holiday lettings
  • anyone renting out a room in their main home for more than £4,250 per year, or £2,125 if the property was let jointly, but has not told HMRC about this income
  • those who live abroad or intend to live abroad for more than 6 months and rent out a property in the UK as you may still be liable to UK taxes

 

According to the Telegraph….

Fewer than 500,000 taxpayers are registered with HMRC as owning properties other than their home. And yet other sources put the number of Britain’s growing army of landlords at between 1.2million and 1.4million.

Why the discrepancy? No one can say for sure, but the taxman has his answer: not enough people are declaring – and paying tax on – their property incomes and gains.

HMRC will identify those who they believe should have made a disclosure by:

  • comparing the information already in their possession with customers’ UK tax histories
  • continuing to use their powers to obtain further detailed information about payments made to and from landlords

Where additional taxes are due HMRC will usually charge higher penalties than those available under the Let Property Campaign. The penalties could be up to 100% of the unpaid liabilities, or up to 200% for offshore related income.

If you owe tax, you must tell HMRC of your intention to make a disclosure. You need to do this as soon as you become aware that you owe tax on your letting income.

At this stage, you only need to tell HMRC that you will be making a disclosure.

You do not need to provide any details of the undisclosed income or the tax you believe you owe.

It sounds like HMRC could be in for bumper Christmas if landlords take advantage of this opportunity to pay up!

steve@bicknells.net

Key Points from the Autumn Statement 2013

Tax Money

The Chancellor George Osborne presented the Autumn Statement to the House of Commons on 5th December 2013 and things are getting better, economic growth forecasts for this year have more than doubled from 0.6% to 1.4% but the austerity plan is set to continue.

Here is a summary of the key announcements:

Business Rates

Business rate increases in England will be capped at 2% in 2014/15 (they were set to increase by 3.2%) and businesses will be able to pay over 12 months rather than 10.

The Retail Sector will also get a £1,000 discount in 2014/15 and 2015/16, this applies to pubs, cafes, restaurants and charity shops with a rateable value below £50,000.

A reoccupation relief of 50% is being introduced for up to 18 months on premises that have been empty for a year or more and it will apply from 1st April 2014 to 31st March 2016.

Small Business Rate Relief has been extended to April 2015 under the scheme small businesses with a rateable value of £6,000 or less can get 100% relief, the relief is scaled down to zero on rateable values of £12,000 and there is a lower multiplier on rates between £12,001 and £17,999.

Income Tax

As previously announced the personal allowance will be £10,000 for the tax year 2014/15.

From April 2015, a spouse or civil partner who is not liable to income tax will be able to transfer £1,000 of their allowance to a basic rate tax paying spouse and as a result save £200 in tax.

State Pension Age

By 2020 it will be 66, by 2028 it will be 67 and by mid 2030’s 68, then in 2040’s 69.

Capital Gains Tax

The annual exempt amount will be £11,000 for individuals for 2014/15.

But there was an exemption for principle private residence  letting for 36 months and from 6th April 2014 it will be reduced to 18 months.

Consultation will start in April on non-residents paying capital gains on property disposals.

Individual Savings Account (ISA)

The limit will rise to £11,880 for 2014/15 and of this £5,940 can be invested in cash ISA’s

Mortgage Guarantee Scheme

The scheme started in October will run for 3 years and end in January 2017.

Buyers will only need a 5% deposit and the government and the funder will guarantee 15% of the loan in return for a fee.

IR35

Legislation will be tightened from April 2014.

Anti-avoidance

A range of measures were discussed in addition to IR35 and these included:

  • Partnership Tax
  • Controlled foreign companies
  • Charities
  • High risk tax avoidance schemes
  • Dual contracts

Other headline measures

  • Employers NI for under 21’s to be scrapped in 2015
  • Rolling back green levies to allow an average saving of £50 on energy bills
  • Free school meals for infants
  • Scrapping of 1% above inflation rail fare increases
  • Electronic tax discs
  • Abolition of next years 2p per litre fuel duty rise

 

steve@bicknells.net

 

Are your businesses really separate for VAT purposes?

Stress business woman

HMRC have been updating their manuals (21/10/13).

The purpose of VATDSAG01050 Single Entity and Disaggregation Manual is to help you to determine

  • whether two (or more) apparently separate businesses are, in reality, a single entity
  • whether, where two (or more) separate entities exist, they have been separated artificially.

Schedule 1,1A (2) of the VAT Act 1994 requires that, in determining whether any separation is artificial, due regard is had to the extent to which the different persons concerned are closely bound to one another by

  • financial
  • economic, and
  • organisational links.

Schedule 1, 2(2) of the VAT Act 1994 lays down three conditions which must be met before we can issue a Notice of Direction to any person. These are:

  • he is making or has made taxable supplies
  • those taxable supplies form part of wider activities carried on concurrently or previously (or both) with one or more other persons
  • the totality of the disaggregated activities gives rise to a liability to be VAT registered.

Here is a link to the updates http://www.hmrc.gov.uk/manuals/vatdsagmanual/index.htm

HMRC have some interesting cases, here is an example:

The case of Stephen and Angela Trippitt (MAN/00/0249) VTD 17340 addressed the question of whether a husband and wife could operate two businesses from the same premises.

In this case, the Tribunal decided that

  • the traders had successfully separated the activities of public house and bed and breakfast into two separate entities
  • we were incorrect in issuing a Notice of Direction.

The facts showed the extent of the commercial relationship between the entities, in addition to which Mrs Trippitt gave 35% of her takings to her husband.

The Tribunal was satisfied that this amount constituted a realistic, commercial, arm’s length contribution towards the value of the shared premises and telephone and utilities.

This decision means that where one entity argues that it pays a fixed percentage of its takings to the other, you need to establish:

  • what would happen if there were no takings?
  • would a minimal amount still have to be paid?
  • if not, how does that entity see these arrangements as constituting a normal commercial relationship, given that it is at no financial risk?
  • is there a real monetary transaction (as opposed to just the appearance of one in the books)? Can they provide evidence of this?

For more cases follow this link http://www.hmrc.gov.uk/manuals/vatdsagmanual/VATDSAG08100.htm

steve@bicknells.net