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tax on let period during ownership of Property

Hello,

i'm thinking of potentially selling my property but before I commit to the conveyancing process with a buyer I think I may have a retrospective income tax liability as during the last 11 years of ownership I let the property out whilst living at my mum's house for 58 months during 2 separate periods. I've worked out the profit during both periods is £10,200.

Will I be taxed on this when I go through the conveyancing process and will show up on the completion statement once the sale goes through ?

thanks,

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Your income tax liability is unconnected with your sale.

    By not declaring the income in the relevant tax years, you have been guilty of tax evasion.

    Make a voluntary declaration to HMRC - they may charge interest and/or a late payment fee, but that's far better than them coming after you for tax evasion.

    Make sure your calculation of the 'profit' is based on the tax rules. What HMRC consider 'profit' may not be the same as what you consider profit.
  • theartfullodger
    theartfullodger Posts: 15,809 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 April 2018 at 1:03PM
    You should have declared that income to HMRC. Even if making a loss.

    As you weren't living there, when you sell there may also be some CGT to pay on proceeds: Presumably you know the market value of the property at the start and end of each period you weren't living there. If not those nice people at HMRC will estimate for you.

    Re. income tax see this advice
    https://www.gov.uk/government/publications/let-property-campaign-your-guide-to-making-a-disclosure/let-property-campaign-your-guide-to-making-a-disclosure

    There will probably be fines and penalty for your flouting the very well understood laws on declaring income.

    Why on earth did you think you were above the law? Anything else you have "forgotten", please?
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 21 April 2018 at 1:10PM
    Income tax is charged on the whole rent, not just the 'profit' (subject to allowable deductions).
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    Are you perhaps confusing income tax and CGT?
    If not, then 58 months or nearly for 5 years gives you 2 problems:

    Income Tax
    as stated above, come clean and pay the income tax you owe

    if you want to continue evading then take a chance, but is it really worth wondering for the next few years if someone won't dob you in anyway?

    just come clean and follow the instructions here:
    https://letproperty.campaign.gov.uk

    CGT

    having paid your income tax you also need to work out if you have to pay any CGT as that is the tax payable when you sell. However, unless 5 years represents a large part of your overall ownership period, it is less likely you will have to pay any tax, although you must still do the calculation to confirm that.

    read the instructions here:
    https://forums.moneysavingexpert.com/showpost.php?p=73621764&postcount=2
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    Income tax is charged on the whole rent, not just the 'profit'.
    utter rubbish

    it is charged on the PROFIT (do you know how to use google? here is a starter for you: https://www.gov.uk/renting-out-a-property/paying-tax )
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