I took on a landlord from another agent
recently who lived overseas, but had not advised HM Revenue and Customs (HMRC)
of this. HMRC had taken £2600 from his rental income and weren’t for
returning it! However there was no need for this to have happened, had the
landlord and his agent registered properly in the first place.
What are the
rules for overseas landlords?
When a landlord is not a UK
taxpayer, the law says that an agent must deduct tax from rental income
received, and pay this to HMRC. If they don’t do this, the agent is acting
illegally. However a landlord can apply for a tax exemption certificate from
HMRC which gives the agent permission to collect rent without deducting tax.
This must be done in advance – it can’t be done retrospectively. It also works –
we have about 20 overseas landlords in Northampton
and we have an exemption certificate for each of them, so don’t need to deduct
any tax.
As such we’ve been able to register the
landlord in question for all future payments – we don’t need to deduct tax
going forwards. However the tax already deducted has already gone – he wasn’t
registered and there’s nothing that can be done about this. It’s hence really
important that a non-UK landlord gets registered with HMRC prior to renting out
his property, or financially there could be consequences.
Richard