How to avoid capital gains tax on buy-to-let property

How To Avoid Capital Gains Tax On Buy-To-Let Property? The Top 10 Relief Strategies

When you sell a property that is not your primary residence and make a profit, you are liable for capital gains tax (CGT) in the UK. This includes buy-to-let properties, business premises, land, or inheritance property. This guide explores various strategies to minimise your CGT liability and take advantage of available tax reliefs.

Key Takeaways:

  1. Understand Capital Gains Tax (CGT) and its implications when selling non-primary residence properties, including buy-to-let properties.
  2. Recognise the importance of timely reporting and payment of CGT for owners of rental properties to avoid penalties.
  3. Be aware that CGT rates on buy-to-let properties vary based on taxable income.
  4. Discuss various strategies to reduce the implications of CGT when purchasing a buy-to-let property.
  5. Acknowledge the significance of seeking expert tax advice to understand and apply strategies effectively, optimising your financial position.

What is Capital Gains Tax?

What is capital gains tax

CGT is a tax paid on the profit made when you sell or dispose of an asset that has increased in value. While some assets, like your main home, are tax-free, buy-to-let properties may incur CGT on the profit from their sale.

When Do I Have to Pay Capital Gains Tax on a Buy-to-Let Property?

Owners of rental properties profit from both rental income and potential capital growth. Unlike the sale of a main residence, rental property sales are subject to CGT. Reporting and paying CGT within specific timeframes is crucial to avoid penalties.

What is the Capital Gains Tax Rate on a BTL?

The CGT rate on buy-to-let properties depends on your taxable income. Basic rate taxpayers with an income of £50,000 or less pay 18%, while higher rate taxpayers with an income of £50,001 or more pay 28%.

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The Top 10 Capital Gains Tax Relief Strategies on Buy-to-Let Property

The top 10 capital gains tax relief strategies on buy-to-let property

1.      Utilise your CGT allowance

Use your annual CGT allowance (£12,300 as of 2023/24) to minimise taxable gains. This allowance is separate from your tax allowance.

2.      Deductible expenses

Certain costs related to the sale of a buy-to-let property can be deducted from the capital gain, reducing the taxable amount. These include estate agents’ fees, solicitors’ fees, stamp duty, and costs associated with property improvements.

3.      Private residence relief (PRR)

If the property was your main residence at some point, you may qualify for PRR. This relief covers the years the property was your main residence and the last nine months before the sale, reducing the taxable gain.

4.      Letting relief (Before April 2020)

Historically, letting relief allowed buy-to-let owners to reduce CGT by up to £40,000. However, rule changes in April 2020 limited this relief. It now applies if you live in the property simultaneously with your tenant(s).

5.      Live in your own buy-to-let

If the property was once your main residence, consider living in it again before selling. This can qualify you for PRR, reducing CGT. Be cautious with this approach and seek professional advice.

6.      Spouses tax band

Married couples can use gifting rules and individual CGT allowances to minimise tax. Transferring assets between spouses is generally not subject to CGT.

7.      Limited company structure

Consider holding buy-to-let properties in a limited company to benefit from lower corporation tax rates than higher rate CGT. Seek professional advice to navigate this strategy effectively.

8.      Flipping your home

Changing your nominated main residence, known as flipping, can help reduce CGT. Ensure the property genuinely serves as your main home and consult with an accountant before attempting this strategy.

9.      Timing of asset sales

If you hold other assets, consider the timing of selling your buy-to-let property. Spreading sales across different tax years may optimise your overall CGT liability.

10.  Seeking professional tax advice

Engage tax advisors or financial experts to ensure you fully leverage available tax reliefs and minimise unnecessary tax payments.

Can I completely avoid Capital Gains Tax on my buy-to-let property?

Can I completely avoid capital gains tax on my buy-to-let property
Image source: pexels.com | Photo credit: @ketut-subiyanto

While complete avoidance might not be possible, various strategies can significantly reduce your Capital Gains Tax liability. Seeking professional advice and implementing tax-efficient measures can help optimise your financial position.

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Conclusion

While it might not be possible to avoid CGT on buy-to-let property sales completely, implementing these strategies can significantly reduce your liability. It’s crucial to stay informed about tax regulations and, when in doubt, seek professional advice to optimise your financial position.

Note: Tax regulations are subject to change, and it’s essential to consider the most recent guidelines or consult with a tax professional.

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