Flint Bishop

Clock ticking for holiday home owners warns Lodders Solicitors

The For Sale signs could go up over a host of holiday homes as owners look to beat Government tax changes, a legal expert has warned.

And it has prompted concern that the UK tourist industry could be hard hit.

At stake is the fate of furnished holiday lettings (FHL) as tax advantageous rules, originally introduced in the 1984 Finance Act, are due to be axed from April 6 next year.

Eamonn Daly, senior trust and tax executive in the private client department of Stratford-upon-Avon law firm Lodders, said all income from FHLs would as a result be treated in the same way as income from any other property.

He noted: "Under current rules if landlords of furnished properties satisfy various tests, they are treated as trading.

"This means that any losses incurred can be offset against the landlords' other income for tax purposes, certain allowances - such as on the cost of furniture - and capital gains tax reliefs are available and the income can be treated as earnings for pension relief purposes."

The current tests are - the property must be situated in the European Economic Area, be available for commercial letting for at least 140 days per year and actually commercially let as holiday accommodation for at least 70 days per year. The business must be carried on with a view to a profit, and there must not be periods of longer term occupation, where the accommodation is let to the same person for more that 31 days, exceeding 155 days in the tax year.

Mr Daly said: "The proposed repeal has led to lobbying by the tourist industry who fear it might make the provision of holiday accommodation in the UK no longer financially viable.

"Plans are likely to be clarified in this year's upcoming Pre-Budget Report on 9 December.

"On the assumption that repeal does go ahead, FHL owners should carry out any necessary repairs and make any capital expenditure that qualifies for capital allowances before April 5 to take the maximum loss available this tax year before it is no longer deductible against other income.

"FHL owners could consider a sale of the property if practicable this tax year, to secure capital gains tax (CGT) entrepreneur's or rollover relief."

But he acknowledged this might be tricky given the state of the market and with property prices currently low. "Alternatively the property could be transferred to, for example, children or a trust now, to ensure that the owner benefits from the CGT relief whilst still available".

The changes are being made so the law is compliant with European legislation, with landlords of UK furnished holiday accommodation treated the same as those elsewhere in the EEA.

 

 

Bookmark and Share

Article published by Midlands Business News on 18 November, 2009

Submit your company news and photographs to Midlands Business News via email news@midlandsbusinessnews.co.uk or submit news and events online here.

midlandsbusinessnews.co.uk is an online Midlands business news network and we welcome submissions of your company or business related news articles and event notifications.

 

 

Articles submitted by Lodders Solicitors LLP:



  • Lodders goes into battle for homebuyers - click to read
  • David set to build on his property law skills - click to read
  • Action for elderly, not just cash for dementia research - Lodders - click to read
  • Boost for bosses on retirement age issues - click to read
  • Cautious cooperation on HS2 – landowners advised - click to read
  • Renewable energy is the way forward - Lodders - click to read
  • Manners don’t cost in care for the elderly - Lodders - click to read
  • Lodders on Twitter - click to read
  • Alex is top of the class - click to read
  • Breathing space plea on planning changes - click to read
  • Lodders jumps to support rural racing - click to read
  • Social media policy needs to be black and white - Lodders - click to read
  • Lodders management rated as ‘excellent’ - click to read
  • Give REG a go – Lodders - click to read
  • Onus on employers to follow correct disciplinary procedures - Lodders - click to read
  • Lodders helps Norcrest gear up for growth - click to read
  • Communication is critical in sensitive pay talks - Lodders - click to read
  • Lodders shortlisted for top business award - click to read
  • Telling a tale and kissing it better - click to read
  • From chairman to president of Moreton-in-Marsh Show Society - click to read
  • Holistic planning needed to maximise HS2 compensation warn Lodders - click to read
  • For she’s a jolly good Fellow - click to read
  • Laura takes another STEP up the ladder - click to read
  • Lodders proud to sponsor Green Business award - click to read
  • Small window for solar panel incentives - click to read
  • Government has put care funding reforms on the back burner - Lodders - click to read
  • Lodders calls in Caroline - click to read
  • Employment changes can help boost growth - Lodders - click to read
  • Lodders helps launch 'Funky Gecko' in Knowle - click to read
  • Real property recovery must have regional roots – St Modwen chief executive tells Lodders conference - click to read
  • Sun power set to spread despite cuts - Lodders - click to read
  • Lodders picked out in pink to boost Breast Cancer Campaign - click to read
  • Keep calm plea on rail debate - click to read
  • Moves to drop unfair dismissal claims would be dangerous - Lodders - click to read
  • Long hours can lead to breaking the rules - click to read
  • Lodders conveyancing is on sound footings - click to read
  • Stratford-upon-Avon firm Lodders Solicitors has taken on two new graduate trainees - click to read
  • The skies the limit for Banana Moon - click to read
  • Spitfire winning the battle to build in Britain - click to read
  • Agency Workers legislation set to be tested, says Lodders Solicitors - click to read
  • Wills needed to pass on property to partners - click to read
  • Fee rises set to hit vulnerable elderly - Lodders - click to read
  • Lodders hails Government re-think on agency workers - click to read
  • Government rules on drains and sewer ownership - click to read
  • A tax victory for farmers - Lodders - click to read
  • DIY probate could cost you dearly - Lodders - click to read
  • Care changes could take too long - Lodders - click to read
  • Lodders promotes Paul and Louise to Partner - click to read
  • The law is the same for Twitter - click to read
  • Lodders expert calls for care shake-up - click to read
  • Warwickshire elderly face bleak future - click to read
  • Emerging markets provide a light on the horizon - click to read
  • Corporate manslaughter case puts down a marker for all - click to read
  • Bank on your solicitor to beat red tape - click to read
  • Let the head rule the heart in family businesses - Lodders - click to read
  • Social care freeze will hit the most vulnerable - Lodders - click to read
  • Lodders helps KFC open in Holyhead - click to read
  • Perils of passing on emails outside of the workplace - click to read
  • New guidance on Bribery Act is just the ticket - click to read
  • Lodders advises on sensitive Bath hotel plan - click to read
  • Metal recycling business expanding - click to read
  • Lodders’ care experts appointed to national protection panel - click to read
  • Woodland would have been better off in private hands - click to read
  • Grasp the chance to train - Lodders - click to read
  • Landbanking scams still conning investors - Lodders - click to read
  • First time buyers need longer Stamp Duty holiday - click to read
  • Taxman’s 100 per cent penalty on mistakes - click to read
  • Take care how you take care - click to read
  • Lodders helps tighten up e-disclosure rules - click to read
  • Is your business really ready for sale? - click to read
  • Business Village investors snap up former Bryants site - click to read
  • Lodders praises TV focus on vital Wills issue - click to read
  • Tying your top team into future success - click to read
  • IM Properties takes advantage of January sales - click to read
  • Charity post for Lodders lawyer - click to read
  • Economic squeeze can cost landlords dearly – Lodders - click to read
  • Lodders buys by the seaside - click to read
  • High speed needed to lodge HS2 compensation claims - click to read
  • Squatter menace likely to increase - click to read
  • Royal wedding brings early headache for employers - click to read
  • Lodders calls for action on elderly care now - click to read
  • Action needed now to meet new bribery rules - click to read
  • Log your logins in a letter – Lodders - click to read
  • Lodders wins top ratings - click to read
  • Gardening leave and the law of the jungle - click to read
  • Fun for all at Cheltenham Play Farm - click to read
  • Warwickshire based law firm Lodders in the pink for week of cancer charity fundraising - click to read
  • Egg-cellent result for Midland law firm - click to read
  • Midlands based law firm advise on insurance warning for empty properties - click to read
  • Jury out on property recovery in the Midlands - click to read
  • Marathon effort from Midlands law firm - click to read
  • Midlands based law firm takes charity initiative - click to read
  • Supreme Court becomes the new Village Green Preservation Society - click to read
  • Midlands based law firm seeks opportunities from economic recovery - click to read
  • Midland lawyer voices concerns over care for the elderly - click to read
  • Midlands based solicitors Lodders raise cash for Haiti - click to read
  • Midlands Lawyers show their pedal power - click to read
  • Midlands law firm Lodders acts in £8m property deal - click to read
  • LPAs not to be taken lightly - Lodders   - click to read
  • Midlands law firm Lodders trio make the grade - click to read
  • Midlands based solicitors Lodders makes the grade in Chambers - click to read
  • New national retailer another boost for Stratford shopping - click to read
  • Midlands based Lodders Solicitors comment as “Pony paddock” single payment claimants are off the hook - click to read
  • Notable achievement for Midlands lawyer at Lodders Solicitors - click to read
  • Clock ticking for holiday home owners warns Lodders Solicitors - click to read
  • New LPA forms are an improvement, says lawyer for the elderly - click to read
  • Men smarten up to benefits of looking good - click to read
  • Arc of a covenant may reach wider than thought - click to read
  • Experts in law and the elderly to meet - click to read
  • Perils of not making a will - click to read
  • Bamboodle warms up for a winter’s evening out - click to read
  • Lasting power of attorney a wise insurance policy warns lawyer - click to read
  • Who can you Trust? - click to read
  • Domino’s on the spot in Bedworth - click to read
  • Victoria’s new estate agency is right on track - click to read
  • Whirlwind week for lawyer - click to read
  • Tax alert for widows and widowers - click to read
  • Tax alert for widows and widowers - click to read
  • Compulsory purchase ruling has significant impact on land values - click to read
  • Warning for Midlands farmers after cow attacks - click to read
  • Re-think your will as recession bites says Warwickshire solicitors - click to read
  • Search the site

    News Article
    Search



    Faces behind
    the business

    Nick Beham

    Nick Behan



    PressVine
    The Maynard Hotel
    Incentive & Motivation
    Klick Solutions Media
    Gourmet life

    Need a Service?

    Search our Midlands
    Business Directory