HMRC orders soaring numbers of landlords to pay millions of pounds in fines

HMRC orders soaring numbers of buy-to-let landlords to pay millions of pounds in fines and back taxes – with the number targeted up 83% in a year

  • Property investors are being caught out by a renewed HMRC push on taxes
  • Almost 5,500 landlords were caught last year, with £33million clawed back 

Growing numbers of landlords are being caught and fined for under-paying income tax – with HM Revenue & Customs catching 83 per cent more last year.

The taxman found 5,429 landlords did not declare enough income tax in 2022/23, up 83 per cent in a year.

HMRC clawed back £33million in tax from these landlords – £6,078 each on average – up 73 per cent from £19.3million in 2021/22.

Meanwhile HMRC fined landlords £2million last tax year, up 53 per cent from £1.3million the year before, according to a Freedom of Information request by This is Money.

Many will have tried to dodge tax deliberately, while others will be the victims of their own poor book-keeping.

The taxman cometh: HMRC is once again funnelling resources into catching landlords

The reason for the increased HMRC scrutiny on taxes is that the taxman turned its attention away from landlords during the worst of the Covid-19 pandemic in 2020 and 2021.

Instead, HMRC piled resources into running programmes such as the Job Retention Scheme, Income Support Scheme and Eat Out To Help Out.

But with the pandemic subsiding in 2022/23, landlords were back in the steely gaze of the taxman.

Ben Beadle, chief executive of the National Residential Landlords Association, said: ‘Landlords must consider the tax implications if they are in receipt of rental income. In many cases they will need to submit a self-assessment tax return, so we highly recommend they should seek professional tax advice if they are in any doubt.

‘HMRC will not accept ignorance as an excuse for non-payment or late payment of taxes, so it is crucial that landlords ensure they are acutely aware of their tax liabilities.’

HMRC targets landlords through its ‘Let Property’ campaign, which launched in September 2013

The campaign was meant to target the 1.5million landlords HMRC thought were underpaying tax on rental income to the tune of £500million a year.

It was initially meant to run for 18 months, but instead has lasted for 10 years.

Under the scheme, HMRC can claw back up to 20 years of underpaid tax, fine landlords up to 100 per cent of any outstanding tax, or 200 per cent for cash held offshore, and can even prosecute.

But if a landlord has made a genuine mistake with their tax returns, HMRC only reclaims up to six years of underpaid tax and will only issue smaller fines, if any at all.

An HMRC spokesperson said: ‘The Let Property Campaign is an opportunity for landlords who owe tax through letting out residential property, in the UK or abroad, to get up to date with their tax affairs in a simple, straightforward way and take advantage of the best possible terms.

‘During the Covid-19 pandemic resources were moved to support the wider Government’s priorities at the time, which resulted in a temporary reduction in the number of disclosures made.’

What do landlords need to declare when filling in a tax return?

Landlords must pay tax on any profit they make from renting out property. 

The profit is the amount left once they’ve added together their rental income and taken away the expenses or allowances they can claim.

If they rent out more than one property, the profits and losses from those properties are added together to arrive at one figure of profit or loss for their property business. 

Allowable expenses includes letting agents’ fees, buildings insurance, property maintenance and repairs, and utility bills. 

For furnished residential lettings landlords may also be able to claim a ‘wear and tear’ allowance. 

The first £1,000 of income from property rental is also tax-free.

Landlords who sell a property in a given a tax year will also potentially be liable to pay capital gains tax, if the property rose in value during their ownership.

They should have already reported this using a ‘Capital gains on UK property Account’ and paid any tax due within 60 days of the sale. 

However, even if they have done this correctly, they still need to disclose the gain and the tax they paid on your full tax return for the year – so don’t miss it off.

When it comes to property it’s worth noting that the tax rate is higher than with other investments.

Basic rate taxpayers will be charged 18 per cent of any gain and higher rate taxpayers will be charged 28 per cent of any gain.

However, at present, taxpayers are only required to pay capital gains tax if the gain they make exceeds their £12,300 tax-free allowance in a single tax year. 

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