Taxman goes after landlords, but drops no clues
Thursday 14th June 2012
HMRC has made it clear that private landlords in some areas can expect a knock on the door in the coming weeks as it launches a special taskforce to investigate and recover up to £17m in unpaid taxes.
However, it is unclear what has prompted the investigation, and HMRC did not respond to our requests for clarification.
The initial announcement was confusing, as although it was headed ‘HMRC targets property rentals’ it referred to ‘transactions’ – a word more often used in property sales rather than lettings.
The announcement said: “A new taskforce to tackle tax evasion on property transactions was announced today by HMRC.”
The taskforce is initially focusing on private landlords in East Anglia, London, Leeds, York, Leicester, Nottingham, Lincoln, Durham and Sunderland, but could easily be extended to cover the whole country, warns accountants and business advice firm James Cowper.
Stephen Barratt, private client director at James Cowper, said: “Landlords can reasonably expect HMRC to gather information from across government departments, and many other sources including press and internet advertisements, universities and colleges.
“HMRC is also using increasingly sophisticated techniques to identify those who are not paying sufficient tax, and the chances of going undetected are rapidly vanishing.”
The firm believes that it is not just unpaid income tax that HMRC will be looking for, but unpaid VAT.
Many landlords providing temporary accommodation – perhaps to seasonal agricultural labourers, students or even homeless people – may not realise that VAT is chargeable on temporary accommodation as HMRC treats it in the same way as hotel or guest house accommodation.
Landlords may not be registered for VAT when they should be and so could face a back-dated VAT claim.
James Cowper offers this advice to those who individuals who believe they may have an outstanding tax liability:
• Do not approach HMRC directly without first speaking with your accountant or tax adviser. HMRC are increasingly tough negotiators, and without detailed knowledge of the tax system a larger tax bill and penalty than necessary could be charged.
• Do not ignore this clampdown. It is possible that HMRC is already aware of your financial details and so, having publicly drawn attention to this area, it is likely that future penalties might be higher.
(9) Comments | Report Abuse
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"I feel that HMRC won't be as potent as they make out and there are teflon coated landlords who will just ignore the threat"
Whats makes you think that? It is not too dificult to compare a Section 19 report with the SA105 Land and Property return and work out when the figures don't match up. It then becomes all too simple to check back 6 years and Kerchingggggg££££££ Mr Teflon has a bit of a problem, but so do every other Landlord on the Section 19. |
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This "story" is not as new as you are led to believe. HMRC announced some months ago they were going to crack down on errant landlords who think that paying tax on rental income they receive in cash is 100% theirs.
There are probably plenty of private landlords that I suspect are doing just this and when they get caught will be heavily fined and may even face criminal charges. That means they won't be able to pass the "fit & proper" person test to manage an HMO! Mind you I feel that HMRC won't be as potent as they make out and there are teflon coated landlords who will just ignore the threat. |
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Why do I suspect that someone on here knows more about this than he is letting on?
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| | Wow! This is the biggest story on LAT for a very long time. |
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"it is unclear what has prompted the investigation"
It shouldn't be a surprise, quite frankly HMRC have been struggling with Section 19 and when some innocent question gets met with an embarrassing and puzzled frown it is not long before something happens. I think I would advise anyone who ought to be filling in a Section 105, gets their house in order and does so fast. It won't stop at errant Landlords either, any Agent needs to make sure the figures tally and have got chapter and verse on Section 19. (Taxes Management Act) As Rangers FC can testify, HMRC are not sentimental when it comes to Tax evasion. It could be quite handy if the Housing associations get handed ready made portfolios across the country |
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Think about capital gains. A lot of what we would consider to be developers and speculators are considered to be landlords by HMRC.
There has always been an understanding that HMRC were aware on quite a lot of undeclared income from rents. Agents are the ones who need to think about their VAT situation. Possibly will be more agents not paying VAT who should be rather than landlords who should be |
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Upon request I used to send a list of landlords to both the Non -Resident Landlords section and the local HMRC office.
However since the re-organisation of HMRC a few years ago the local HMRC office was unable to tell me where to send the list of UK based landlords nor have they ever asked for them since then! The lists are available if they want them. |
| | Anyone care to take a bet that this 'special taskforce' will cost more to set up and operate than the amount they will recover? |
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Middle line of first bullet is amusing. Tough negotiators?
Yes - but only with the little people with piddly amounts of tax owed, not those who owe enough to build a school or a hospital. Pity hmrc don't focus on the bigger fish and prizes where they could get far more in one hit than sending teams out turning over thousands of small stones |
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