Tax Consultants Guide
Welcome to the May 2005 Property Investment and Tax Newsletter
 

















Property Investment and Tax Newsletter


Hi


Welcome to the May 2005 Property Investment and Tax Newsletter.

Well, I am sure you will all have heard by now that the government has finally decided to get tough (but not tough enough) on the so called get-rich-quick companies that have been fleecing property investors. Earlier this month the government used compulsory winding-up orders to close down FIVE companies.


It is so sad to hear that hundreds of investors lost between £30,000 and £50,000 with companies who promised that they could help build £million portfolios within 12 months.


But as the saying goes ‘if it sounds too good to be true, then it probably is’…especially if it involves departing with such huge amounts of you hard earned money.


This leads me nicely onto why *you* don’t need to throw your hard earned money after such scams. As we all know the UK property market has slowed right down and properties are sticking and not selling.


The number of motivated sellers is rapidly increasing and estate agencies are in large sat around twiddling their thumbs.


This all means one thing….it is definitely now a BUYUERS MARKET!


This means that *you* should be able to buy property at heavily discounted prices. The last deal I did was 30% below market value and it was not on a new-build either, so the discount was a very genuine one.


One of your key allies in buying below market value is the estate agent so this months investment article is called ‘7 Questions you should ask an estate agent?’. It is provided by an investor/entrepreneur who I have a very high regard for - Ranjan Bhattacharya.


So make sure you ask these before you even consider looking at a property. You could save yourself a lot of valuable time and money.


This month’s taxation article is based on the use of Personal Loans for your properties. We will examine the typical scenarios when you would use a loan and detail whether the interest relief can be offset.


As always Arthur, Ian and Daniel have answered your taxation queries in our Question & Answers section.

Good luck for your projects in 2005.


Amer Siddiq
Property Investment & Tax Newsletter Editor
Email: amer@property-tax-portal.co.uk


Contents


1. Property Investment Tip – 7 Questions you should ask an estate agent


2. New AFFORDABLE Tax Consultancy Service Launched


3. Tax Article – Interest relief on personal loans


4. We’re investing abroad, but don’t forget how Aleesha got herself into a right tax pickle!


5. The PROPERTY TAX gurus answer your questions!





    • Can I buy property for a child under the age of 18?



    • Can I offset rental losses against my partner’s income?



    • Is there CGT due on a property purchased for my mother?



    • Tax treatment for new and replacement kitchens



    • How do I handle the refurbishment costs I incurred?


6. International Property Taxation Q&A by Daniel Feingold


7. Feedback and Comments


1. Property Investment Tip – SEVEN questions to ask your estate agent


Love them or hate them, one thing’s for sure, property investors would be no-where without the help and support of the Estate Agent.


We all know the reputation Estate Agents have and although some of it may be unfair, there are good reasons not to just blindly go along with everything they tell you.


The Estate Agent is a deal maker. The reason for concern arises when the agent performs ‘tricks’ to get a deal through.


Although no one has any objection to a bit of enthusiasm and creativity in getting a deal through, the problem arises if these ‘tricks’ go against the interests of either buyer or seller.



It is important to remember that the Estate Agent is essentially working for the seller. After all it is the seller who pays their fees. However, a good Estate Agent has a duty to remain professional and ethical in his dealings with all parties throughout the selling process.


The question for a buyer is how to cut through all the Estate Agent waffle and get the true picture on a particular property deal. Over the last 15 years of buying and selling property, I have developed a set of 7 questions to ask an estate agent.


If you ask these questions, you will gain a greater insight into the deal, and obtain valuable information to help with your negotiating position.


1. Why is the owner selling?


If you are lucky, the estate agent may reveal more than he should about the sellers’ circumstances and motivation for selling. A motivated seller is more likely to accept an offer below the asking price.


2. How long has the property been on the market?


Has the property been ‘sticking’ on the market? Does this make the seller getting desperate to sell? Why is the property not selling? Are there any problems with the property that the Estate Agent is not disclosing?


3. When does the current owner/occupier need to move out?
Is there an urgent deadline that could be an advantage in negotiating a lower price for the property? If the owner has to move somewhere else they will be keen to sell and get everything settled before they go.


If the property is tenanted and the tenancy is coming to an end, the seller will not want to keep the property empty for too long after the tenancy has ended.


4. What is the minimum price the seller will accept?
Knowing the bottom price that the seller will accept will help you formulate your offer. If a property has been on the market a while, most Estate Agents will be very forthcoming with this information.


5. What do you think the property will actually sell for?
This is a bit of a ‘fishing expedition’. What you are looking for is signs that the Estate Agent has a different opinion as to the true value of the property.


6. Who priced the property?
Another ‘fishing’ question, following up from the last. If the seller priced the property and the Estate Agent thinks its to high, then when you place a lower offer, you stand a very good chance of having the agent bat your corner. If the Estate Agent has priced the property then they probably will stand by their valuation and push you to offer close to it.

7. What other homes are there in competition to this property?
This is a very useful question provided you get an honest answer! The Estate Agent is looking to close a deal, not open everything wide open with a whole load of new options. You are likely to get an honest answer by taking the property details sheet into a rivals office and asking them! The information you gather will be important in justifying any offer you make.


… And finally.



These questions are very simple to ask. I am not suggesting you use these 7 questions like a script and ask them all one after another. The best way I have found is to engage the Estate Agent in conversation. During your conversation, make sure you cover all 7 questions in whichever order feels natural.


If you get answers to these questions you will be a lot more informed when you make your offer.


Ranjan provides 7 F’REE Property Investment Strategy Reports which cover:




    • Getting a Bargain at Auction

    • How to Outperform the Property Market

    • Successful Off-plan investing

    • Maximising your cash flow

    • Buying Snag-Free new build property

    • Five Tax Saving Strategies to Save you £££s

    • How to Profit in Today’s Market

To get access to these strategies please go to the following:


>> http://www.property-tax-portal.co.uk/index.php?refid=3


.......you have nothing to lose, but much to gain.


2. New Tax Consultancy Service Launched


We have just re-vamped our tax consultancy service section and made it even more affordable and packed it with greater value.


You always know that you are doing things right and that you have the top quality tax specialists associated with you when the testimonials keep flooding in!


Thank you.


We have now opened up the tax consultancy service for any UK and international tax matters (property or non-property related) and Arthur Weller and Daniel Feingold are heading this service up.


So please do check it out at:


>> http://www.property-tax-portal.co.uk/index.php?refid=4


We don’t believe you can get better value for money, especially as our tax experts are regularly offering advice to fellow accountants and tax specialists across the country (and in some cases world-wide).


3. Tax Article – Interest relief on personal loans


In this months on-line tax we have addressed a question that we regularly get asked. We have provided some valuable information about obtaining interest relief when using personal loans for your property business.


In particular we will look at the tax implications when using personal loans for:



  • Providing Deposits

  • Refurbishment/Developments

  • Purchasing products i.e. furniture

  • Continuing the running of your business

  • Running an overdraft

To read the article on-line please go to the following:


>> http://www.property-tax-portal.co.uk/taxarticle40.shtml


4. Investing abroad? ....Don’t forget how Aleesha got herself into a major tax problem!


It is well known (and has been well documented) that more and more investors are now looking abroad to find the next big investment hotspots.


In December 2004 we wrote what proved to be an extremely popular article called: ‘The Capital Gains Tax Trap - The multi-millionaire property investor who couldn’t afford to sell a property.’


If you are following the overseas investment crowd and are using a re-mortgaging strategy to raise the necessary finance then this article will serve as reminder as to how you could end with major tax problems, just like our friend Aleesha!


So you would be well advised to know about potential problems before you hit them.


To read the article and learn about Aleesha’s tax problems go to the following link:


>> http://www.property-tax-portal.co.uk/taxarticle25.shtml



5. The PROPERTY TAX GURUS answer your questions.


What better way to get fr’ee tax consultancy than through this newsletter?


Property tax experts Arthur Weller and Ian McTernan answer your questions.


Here are this months selected questions answered by Ian and Arthur.


Can I buy property for a child under the age of 18?


Question


We are considering buying a property, which will be let. Is there a way to buy this property for a child who is 13. Is it possible to put it in some form of trust for your child in order to decrease the tax burden. For example CGT tax etc.


Arthur Says


A minor under the age of 18 cannot own land or property in the UK, so it would have to be owned in trust by trustees, e.g. parents, for the beneficial ownership of the 13-year-old.


Any asset owned by a child under 18 and unmarried, derived from the property of the parents that produces income of more than £100 per year, is taxed on the parents as the parents income.


However this doesn't apply for CGT purposes.


One possible solution is to create a ‘bare’ trust. A ‘Bare’ trust can be created where that the child is the beneficial owner, and the parents are the legal owners who hold the property effectively as nominees. When the property is sold it will be taxed only on the child (who will have their own CGT annual exemption, and perhaps lower tax bands - if they don't have much other income) and not on the parents.


But it must be remembered that the child cannot be prevented from having the property put into his own legal ownership at age 18.



Can I offsetting rental losses against my partner’s income?



Question


My wife has a BTL property in her name, which returns £300 per month taxable gains after all expenses.


1) She is about to purchase a flat, which initially will make a monthly loss after expenses of £100. Can this £100 be offset against the £300 leaving a taxable balance of £200?


2) If as I suspect she can, would I also be able to take advantage of this situation if I was to purchase the flat in my name instead of hers?


Ian Says


Firstly, provided the flat is rented out on the same basis as the first one, then the profit and loss from both properties are added together to determine the overall rental profit, so the loss can be offset against the profit.


Secondly, if you purchase the property in your own name then you will have a loss of £100 per month and your wife will have a profit of £300. This means that you will end up having a loss to carry forward against future rental profits and your wife will incur tax on the £300.


This does not seem particularly sensible.


Dependent on your relative incomes, it may be advisable to hold both properties in joint names to utilise all your allowances.



-------------


Ian and Arthur have answered more of your questions on-line.


These include:


- Is there CGT due on a property purchased for my mother?


- Tax treatment for new and replacement kitchens?


- How do I handle the refurbishment costs I incurred?



You can read the answers to these and also the backlog of all our previously answered questions via the following link:


>> www.property-tax-portal.co.uk/property_tax_qa.shtml



6. International Property Taxation – Daniel Feingold answers your questions


As part of our international taxation feature Daniel Feingold will answer your international taxation questions.


With the growing trend for overseas property investment it really is essential that you carry out some tax planning before you invest.


This month Daniel looks at a question that we frequently get asked.


You can see the answer to the question:


Q. Can I choose which country I pay tax in? For example the tax rate may be cheaper in the country where I hold my overseas property.



……online at the link below:


>>> http://www.property-tax-portal.co.uk/international_property_tax_qa.shtml



7. Feedback and Comments


I welcome your comments, feedback and suggestions for the newsletter.


Also, if you would like to contribute to the newsletter i.e. share your experiences, ideas, tips etc with the newsletter subscribers then please email me at:


amer@property-tax-portal.co.uk


It really would be GREAT to hear from you :-)


That is it for this newsletter, see you in May


All the best


Amer Siddiq


amer@property-tax-portal.co.uk


P.S Please feel fr’ee to distribute this email and send it to anybody who you feel will benefit from this tax saving strategy.


(C) 2003 Amer Siddiq & Tax Portal Limited


Disclaimer:


The design, format and contents, unless otherwise stated, are the property of Amer Siddiq & Tax Portal Limited.


Please note that this information is for general guidance only.


It is based upon our experiences, opinions and knowledge.


Amer Siddiq & Tax Portal Limited cannot be held responsible for any decisions made as a result of information here.


You are encouraged to seek taxation, legal and financial advice before making any investment decisions. Amer Siddiq & Tax Portal Limited are not responsible for the content or information in the sites of our affiliates and links.

Copyright © 2005, Property-Tax-Portal


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