Lettings relief is a potentially valuable relief that is available to those who let out a property which has at some point been their only or main residence.
However, the opportunity to benefit from the relief in its current form may be time limited – the Chancellor announced at the time of the 2018 Budget that the relief is to be curtailed from April 2020. From that date, it will apply only where the owner of the property is in shared occupancy with the tenant. The Government
Nature of the relief
Under the rules, as they currently apply, lettings relief is available where
- at some time has been the individual’s only or main residence;
- during the period of ownership, all or part of the property has been let as residential accommodation; and
- a chargeable gains
arisesas a result of the letting.
The amount of the relief is the lowest of the following three amounts:
- the amount of private residence relief;
- £40,000; and
- the amount of the chargeable gain arising as a result of the letting.
Ainsley owned his flat for 5 years, releasing a gain on sale of £200,000. He lived in it as his main residence for the first two years and let it out for the last three.
The first two years qualify for private residence relief, as does the last 18 months, which benefits from the final period exemption. Private residence relief is therefore £140,000 (3.5/5 x £200,000).
The remainder of the gain (£60,000) is attributable to the letting.
Lettings relief is the lower of:
- £140,000 (the amount of private residence relief);
- £60,000 (the amount attributable to the letting).
Ainsley claims lettings relief of £40,000. As a result, only £20,000 of the gain is taxable (£140,000 being sheltered by private residence relief and £40,000 by lettings relief).
All that is known so far is that lettings relief is to be curtailed from 6 April 2020. From the same date, the final period exemption is to be halved to nine months; this will impact on the private residence relief available.
If you are currently thinking of disposing of a property that currently qualifies for lettings relief, it may be beneficial to sell the property before 6 April 2020 rather than afterwards.
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