The campaign comes amid rumours of a further attack on residential landlords with higher rates of Capital Gains Tax on property disposals and higher rates of National Insurance.
George Guilherme-Fryer, a Director in Tax Disputes team at Kreston Reeves, comments: “These nudge letters are widely targeted at individuals or businesses based on information received, primarily from other governmental departments, banks or, in this case, the tenancy deposit scheme.
“Landlords in England are limited to taking a five-week deposit for new and renewed tenancies with rent under £50,000 a year or up to six weeks if the annual rent is £50,000 or more. As most landlords take the maximum deposit, it is not difficult calculation for HMRC to calculate the expected rental income which should be included in a tax return.
“For example, if the deposit held with the tenancy deposit scheme is £1,000, five weeks of £200, then HMRC will assume an approximate rental income of £10,400 annually or £200 per week.
“These latest nudge letters tend to include a statement saying that HMRC has received relevant information, suggesting the landlord review their tax position, and including a suspiciously simple certificate of tax position to be completed and returned.
George concludes: “These letters will not take into account vacant periods or reductions in rent and will often mean that no action is required and there is no obligation to respond or to sign the certificate of tax position.
“But landlords are advised to review their tax position if such a letter is received to identify if any disclosures are needed. If they are ignored and it is later found that tax is due, it may lead to an investigation and potentially a criminal prosecution.”
