Landlords with rental homes in Wimbledon Village could fall into an income tax trap when selling their buy-to-let properties, according to the Law Society.

The warning follows the government inserting amendments to the Finance Bill that is due to go before the House of Commons for its report stage on 5 and 6 September.

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The changes will result in profits from the sale of an investment property in Wimbledon Village – and other areas of south-west London and Surrey that Robert Holmes & Co has an in-depth knowledge of – becoming liable for income tax rather than capital gains tax as at present.

The government says the new clauses have been introduced to ensure that offshore structures can’t be used to avoid UK tax. However, the charges are not restricted to offshore structures and apply to UK-based property investors.

This means anybody who sells an investment property could be forced to pay up to 17% more in tax.

CGT on investment property sales is charged at 18% for basic rate taxpayers and 28% for higher rate taxpayers. This is payable on any profit earned on the property minus the current £11,100 CGT Allowance and other reliefs available.

CGT is currently charged at 18% on the amount a seller has available in the basic rate band (£11,000 to £43,000)

Given the size of property value increases in Wimbledon Village, the basic rate band is often used up and the majority of the gain ends up taxed at 28% even if the taxpayer is a basic rate payer for income tax.

Income tax is currently 40% for anyone earning more than £43,000 a year, rising to 45% for the highest rate payers.
The Law Society claims the new measures have been “slipped in at the committee stage” by the government instead of being part of the formal legislation which is subject to a standard consultation period.

Law Society chief executive Catherine Dixon comments: “The way these changes were introduced starts to feel like legislation by stealth.”

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About the author

Nicolas Holmes

Nick joined Robert Holmes to inject fresh ideas and help grow the New Homes department of Robert Holmes as well as helping to inject technology into the business and to grow its client base. Together with one of the Directors Nick is in charge of all Development opportunities that Robert Holmes deals with along with sales. Aged 40, he provides succession together with the two existing directors. Nick has always been focused on building client relationships and sales. He built up his own gallery in Chelsea, where he had a loyal following of customers and artists.

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