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Government Planning CGT ‘Tax Grab’ On Buy-To-Let Property Investors, Experts Warn

Government Planning CGT ‘Tax Grab’ On Buy-To-Let Property Investors, Experts Warn

Episode 160 Published 5 years, 8 months ago
Description

The UK Treasury has launched a “review” of the capital gains tax system to "ensure the system is fit for purpose", the BBC reports.

Some experts are warning of "a tax grab" in the autumn to pay towards the multi-billion-pound cost of Coronavirus measures, such as the furlough scheme.

The Chancellor, Rishi, Sunak asked the Office of Tax Simplification to investigate how capital gains are taxed for both individuals and smaller businesses.

"This review should identify opportunities relating to administrative and technical issues as well as areas where the present rules can distort behaviour or do not meet their policy intent," the chancellor said.

"I would be interested in any proposals from the OTS on the regime of allowances, exemptions, reliefs and the treatment of losses within CGT, and the interactions of how gains are taxed compared to other types of income." Source: BBC.

CGT is a tax on profits, which hits business owners, as well as millions of share and property investors.

Rishi Sunak specifically mentions reliefs and losses, which can currently be offset against profits and carried forward to future years. This could change and lead to higher tax bills for investors who risk their money and work hard to earn profits.

Capital gains are taxed at a lower level than income, so there's a risk that the chancellor will use the current crisis and deficit to justify a hike in CGT to income tax levels.

CGT rates are set at 10% for basic-rate taxpayers and 20% for higher and additional-rate taxpayers, or at 18% and 28% where gains relate to residential property.

CGT is basically a tax on the gain a property investor makes when they risk their money. This is in addition to the income tax they pay and any other taxes like stamp duty and land registry fees. 

Previous Chancellors have a habit of grabbing money from the estimated two million buy-to-let property investors, many of whom have a small number of properties which they plan to use to supplement their pensions.

Buy-to-let investors have already lost a number of reliefs, for instance on mortgage interest and wear and tear allowance, and are paying higher taxes thanks to multi-millionaire ‘six jobs’ George Osborne’s raid on soft targets.

Business owners spend years building up their businesses, working long hours often for little or no pay, only to be taxed on the profits when they sell up or retire.

Is it still worth investing in buy-to-let property, as judge bans “No DSS” tenant policy?

A District Judge has ruled that blanket bans on renting properties to people on housing benefit are unlawful and discriminatory.

The court ruling found a single mother-of-two had experienced indirect discrimination when a letting agent refused to rent to her.

She ended up homeless with her two children, when her case was taken on by housing charity Shelter.

The judge ruled "No DSS" rental bans are against equality laws.

District Judge Victoria Mark heard this latest case in York County Court on 1 July, and ruled: "Rejecting tenancy applications because the applicant is in receipt of housing benefit was unlawfully discriminating on the grounds of sex and disability" and contrary to the Equality Act 2010, she said.

People deserve a home but that doesn’t mean everyone has a “right” to rent home in the private sector. Landlords must also be able to choose who they want to take on as a tenant. I have current experience with both private and benefit tenants with mixed results. 

The LHA rates in some areas are simply not competitive or equivalent to the open market rate and dealing with benefit claims is a steep learning curve for landlords. Deposits and upfront rent can also be an issue.

The rates paid to landlords are also confusing and differ according to age. Is that not age discrimination?

The private sector should not have t

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