My client owns a rental property and in light of proposed interest changes has decided to re-mortgage the property. Their lender has charged an Early Redemption Penalty. They have the option to settle this in full now or roll it into a new mortgage with a different lender.Would the payments be tax deductible?
Early redemption penalties (“ERP”) can be deductible against the rental profits. Section 272B(5)(c) IITOIA 2005 allows a deduction for:
- interest,
- amounts economically equivalent to interest, and
- the incidental costs of finance.
HMRC manual BIM45820 confirms that they accept that an ERP falls into the final definition of an “incidental cost of finance” so relief for the penalty amount will be allowed.
As it is eligible for relief under s272B, the interest relief restriction in s272A ITTOIA 2005 (introduced by F(No2)A 2015) will equally apply to the ERP.
The effect of this section is that for tax years starting after 6 April 2017, relief for the payment of the ERP, by way of a deduction against rental income is denied and instead relief is given by way of a 20% income tax ‘reducer’.
The amount of relief available is calculated as 20% of the lower of:
- The total finance costs incurred,
- The profits of the rental business
- The total taxable property income (after personal allowances).
Where the ERP is paid in full, it clearly falls under the sections above and would be allowed as a cost in the year of payment.
If however, the ERP was ‘rolled up’ into a new borrowing, payment of the amount would be spread across the life of the mortgage.
If you have any questions, please contact the advice line on 0116 243 7892 quoting your QACC reference number.
Related News Articles
Advanced Notification – to opt in, or not to opt in, THAT is the question?
First, let’s recap on the rules. If a client wants to make a claim for Research and Development (R&D) tax relief or expenditure credit for accounting periods beginning on or after 1 April 2023, we need to submit a claim notification form if: The client is claiming for the first time; or The last claim…
Pre-trading and Pre-incorporation Expenditure
Pre-Trading Expenditure The scope of pre-trading expenditure for sole traders is covered in s57 Income Tax (Trading and Other Income) Act 2005 (“ITTOIA05”) and s61 of the Corporation Tax Act 2009 (“CTA09”) for companies. The legislation is applicable to revenue expenditure which is incurred by a trader 7 years prior to the commencement of trade.…
The New Foreign Income and Gains Regime
The old Non-UK Domicile rules are coming to a welcome end on 5th April 2025. The replacement regime focuses on those that have settled in the UK and become Long-Term Resident. From 6 April 2025 the new 4 year foreign income and gains (“FIG”) regime applies to individuals who become UK tax resident after having…