NON-RESIDENT LANDLORD SCHEME

An individual, trust, or company that is not resident in the UK is generally taxable on income arising in the UK.

ACCOUNTING RULES

The rules for the preparation of accounts for a lettings business are the same for all taxpayers, whether resident or non-resident and whether an individual, a group of individuals a trust, or a company. Get in touch today to find out how we can help you with your lettings business accounts.

NON-RESIDENT INDIVIDUALS

Returns are made on the normal tax return form (SA100) and the property pages (SA105) and in addition the Non-Residence pages (SA109). Some non-residents are entitled to a personal allowance. This an amount of taxable income you may receive before any tax is due.

NON-RESIDENT COMPANY LANDLORDS

Income tax is paid by non-resident company landlords and details of the profit on lettings are returned on form SA700. The rate of tax for a non-resident company is the same as the basic rate for individuals (see Rates and Allowances). This will change from April 2020 when non-resident company landlords will be subject to Corporation Tax.

LEAVING THE UK – FORM P85

This form is for use if you have left or are about to leave the UK. It helps H.M. Revenue & Customs (HMRC) decide how you should be treated for UK tax purposes after you leave. It also serves to claim a repayment of tax in the year you leave (see Leaving the UK).

NON-RESIDENT LANDLORDS SCHEME

To prevent non-resident landlords avoiding their UK taxation obligations arising from the profit on a property rental business, a “withholding tax” scheme exists. Lettings agents are obliged to deduct from net rents an amount of tax and send it quarterly to H.M. Revenue & Customs (HMRC). The amount on which the tax calculation is made is normally the gross rent less the agent’s fees and any other allowable expenses such as maintenance. The rate of tax is the basic rate (see Rates and Allowances). Where there is no letting agent, the tenant is obliged to operate the scheme unless the passing rent is below £100 per week.

An application may be made to HMRC for the rent to be paid to the landlord without deduction of tax. This will be granted as long as the non-resident taxpayers taxation affairs are up to date and maintained up to date. If they fall into arrears the permission to receive rent gross will be withdrawn. If granted, this permission does not mean that the income is not subject to tax. The form to be used for the application is one of the “NRL” series.

Get in touch today to find out how we can help you with your non-resident landlord tax obligations.