Father wanting to invest in my Buy to let property - Tax implications?

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Hi

I currently have a BTL property with a interest only mortgage on it at 4.5%. My father has said he will lend me some money at a rate of 3.5%(more than he can get in a savings account) to pay off part of the mortgage. so we will both make/save money.

I will pay interest on the mortgage and also to my father but the combined total will be less than i am paying now.

What paperwork do i need to have in place to ensure that I do not need to pay tax on the interest my father is charging me for his loan.

I am assuming that rent minus mortgage (interest only) minus father loan (interest only) = Taxable income.

(My father is aware he will need to pay tax on the interest he charges me)

Is my assumption correct?

many thanks

Comments

  • bowlhead99
    bowlhead99 Posts: 12,295 Forumite
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    Yes I think your assumption is correct. If the loan to your property rentals business is to finance a purchase of a property or capital enhancements to a property then the interest on it should be deductible, and it shouldn't matter whether the loan is secured on the property (although the lender may prefer that it is). The logic should extend to a loan used to re-finance an old loan otherwise people who borrowed money to finance a BTL purchase could never re-mortgage.

    Of course, to ensure it's fully deductible you should make sure that you're not withdrawing some of it for personal spending in excess of your 'capital account' within the business i.e. going 'overdrawn' on the capital account. If the property cost plus any other business assets less liabilities including the remaining mortgage gave your business a 'balance sheet', at cost, of £100k, you couldn't borrow £120k from your father and claim all its interest as deductible.

    You ought to put loan documentation in place with your father, just like you would with an unrelated third party. Under what circumstances will the loan principal and the tranches of interest be repaid? Is there a penalty if you don't pay the interest on time? Is the loan secured in any way? If bank base rates go up to 8% is your father still happy to be paid only 3.5% until whenever you exit the property or whenever the mortgage term finishes? If you decide to sell the property at number 3, High Street to buy another one at number 7 High Street, do you have to pay off the loan with the exit proceeds and re-borrow it again on new terms agreed at the time?

    If you don't have any loan terms and it's just a gentleman's agreement, then you could be in financial difficulty if father passes away and the executor of his estate knows he lent you money and wants to call it in, particularly if you're not in a position to re-finance instantly with a bank at the time. You should think about these things even if he doesn't have a spouse or partner or other children and you expect to be the only likely beneficiary. What if. Basically all the things that he or you would want documented if he wasn't related to you.

    In going through this thought process it should be pretty easy to prove a tie to the property business and the specific property itself because you can literally write into the agreement the fact that he is lending you £x purely to support the refinance of property x, and that it needs to be repaid if sold, and any other comments about how it is wholly and exclusively for the use of the property business to support its capital investment in property x. Also you should probably ensure that you receive that money into the same business bank account from which you make your huge mortgage overpayment of the same amount a few days later and keep copies of the bank statement and mortgage statement safe. Taken together all that would seem to support the fact that there's a tie between that loan taken from the father and the investment on your balance sheet.

    If you were thinking of using your father's generosity to borrow £60k and only pay off £50k of loan right now, better to do the documentation and transfers at £50k and then a separate (documented or not) deal on the side for £10k. That would keep the documentation clean and tidy for the £50k you're looking to claim interest relief on.

    The above sounds perfectly reasonable and legitimate to me. However, I should caveat it with the fact that I'm not a tax expert and have never been subject to an HMRC tax inspection in relation to business loans (nor do I own a lettings business or any other kind of business). I just get bored on long train journeys and read MSE forums if I didn't bring a good book or my headphones :)
  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    I think you should write a book, bowlhead :)
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • badger09
    badger09 Posts: 11,211 Forumite
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    Masomnia wrote: »
    I think you should write a book, bowlhead :)

    He almost does - with every post :D
  • spinningpants
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    Wow i was not expecting such a detailed reply and especially on my first post. Thank you very much. Great wayt o sepnd a boring train journey.

    Both mortgage and loan will be below the property value. (total approx 70% of value).

    At the moment it is just a gentleman agreement fixed for 3 years @ 3.5% and then reviewed.

    I think your words are very wise to consider if he were to pass away etc. and the paperwork we would need in place. we all see his loan as his money and be it the loan that it actually is.

    When i come to do my tax return do you know what proof I will need to have to show them etc? I have a separate bank account for the BTL property with the mortgage/rent and interest to my father going in and out. is that going to be enough?

    many thanks
  • badger09
    badger09 Posts: 11,211 Forumite
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    When i come to do my tax return do you know what proof I will need to have to show them etc? I have a separate bank account for the BTL property with the mortgage/rent and interest to my father going in and out. is that going to be enough?

    Unless your SA Return is selected for 'Enquiry' you won't need to show HMRC any proof.
  • xylophone
    xylophone Posts: 44,422 Forumite
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    Unless your SA Return is selected for 'Enquiry' you won't need to show HMRC any proof.

    It would be wise to have some nonetheless....:)
  • Thanks - good to know. I will investigate and get necessary paperwork in order if we proceed.
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