CLARIFICATION OF LPT

Revenue has clarified the following points:

The “Late” surcharge could apply to a taxpayer’s Income Tax Return in circumstances where the taxpayer is not fully LPT compliant by the time the Income Tax Return is filed.

This surcharge will not exceed the amount of LPT due where the taxpayer subsequently returns and pays his/her Local Property Tax.

For those taxpayers who pay and file via ROS, the surcharge won’t apply where the individual is LPT compliant by the extended deadline date i.e. 14th November 2013.

What about payment options for 2014?

Where the taxpayer has elected to pay the LPT via the phased payment option for 2013 that option will automatically apply for 2014.

For taxpayers who have made a once off lump sum payment in 2013, Revenue will contact the taxpayer in the last quarter of 2013 to establish their preferred payment option for 2014.

FINAL REMINDERS

The due date for filing paper LPT Returns is Tuesday, 7th May 2013.

The deadline for filing via the ROS System is 28th May 2013.

If the taxpayer has not received an LPT Return from Revenue, he/she can file on line by selecting “I have not received a Property Pin” on the LPT website at http://www.revenue.ie

WHAT IS IT?

The Local Property Tax or LPT is a self assessed tax payable by an individual on the market value of his/her “residential property or properties” located in Ireland.

WHAT DOES THAT MEAN?

It means the LPT is a self assessed tax.  You are responsible for valuing your own property, filing your tax return and making the relevant payment.

WHAT’S MEANT BY “Residential Property?”

A “residential property” is any building (or part of a building) which is used or is suitable for use as a residence.  It includes the driveway, yard, garden, garages, sheds and any other land associated with the property up to one acre in area.

HOW IS THE PROPERTY VALUED?

Because the LPT is a self assessed tax the property owner must decide on the market value of the property.  Once the market valuation has been made it will hold for LPT purposes until the end of 2016 regardless of any improvements or renovations to the property or indeed any changes to the property market.

Revenue will not be valuing individual properties.  Instead they will provide guidance to assist the property owners in valuing their own property.  The LPT information guide uses the following resources as suggestions on how to honestly value your property:

• Property Websites including www.daft.ie, www.myhome.ie, etc.
• Local Estate Agents
• The Property Services Regulatory Authority’s Property Price Register
• www.revenue.ie for a guide on average values for a range of different property types  based on a number of factors including age of property, average price of type of property for each electoral district in Ireland.  There is also a Valuation Technical Paper available on this website to assist you accurately value your property regardless of where you live in Ireland.

If in doubt, it is advisable to get a valuation from an independent Auctioneer, Valuer or Estate Agent.

CAN THE VALUATION BE CHALLENGED?

There is a presumption of honesty with this new tax.  An exact valuation will not be required unless the property is valued at €1 million or more.  However, Revenue will challenge cases where it is obvious that an undervaluation has occurred in which case they can raise an assessment on the undervaluation.

If such a situation arises, the tax payer can appeal the assessment to the Appeal Commissioners.

HOW IS LPT CALCULATED?

The amount of LPT depends on the property value.

Property values are organised into bands.  The first band is for property values between €0 and €100,000.  After that all values are in €50,000 bands.  Where the property has a value of in excess of €1m an exact valuation is required.

Once the property owner has identified the band in which his/her property falls into, the LPT will be calculated automatically when filing on line via ROS (Revenue on line System).

It is not necessary to ask your Accountant / Tax Adviser to calculate this tax as there is a ready-reckoner provided to assist those completing their Returns.

But just in case you want to know how to calculate the tax liability, it’s computed as follows:

• Apply 018% to the mid point of the relevant band.
• If your property is valued at €1m or over then the first €1m will be assessed at 0.18% with the remainder at 0.25%

Again, please make sure you have an exact valuation if your property is worth €1m or over.

WHO HAS TO PAY THE LPT?

The simple answer is the owner of the property on the date the LPT falls due.

The filing date for 2013 is 1^st May 2013.  For 2014 onwards it will be 1^st November.

If you are in the process of selling your property but still haven’t sold it by 1^st May 2013 then you will be considered the “liable person” for 2013 even if the property is sold before the end of the year.

The following individuals are liable to pay the LPT:

• Any one who owns property situated in Ireland regardless of whether he/she lives in Ireland or not.
• The landlord in situations where the property is rented under leases of less than twenty years.
• Trustees in circumstances where the property is held in a trust.
• Local authorities or organisations that provide social housing.
• Any one who holds a “life interest” in a residential property.
• An individual who legally occupies a property on a “rent free” basis.
• Lease holders whose leases are more than twenty years.
• The personal representative of a deceased owner including executors and administrators of the deceased’s estate.

If two or more people own a residential property they are both liable for the LPT.  It is essential that they agree who should file the return and pay the relevant tax.  If neither owner pays the LPT then Revenue can collect the tax from either party.

ARE THERE ANY EXEMPTIONS?

There are a number of exemptions including:

• New and unused properties which have been purchased from a builder or developer between 1^st January 2013 and 31^st October 2016.  They will be exempt until 31^st December 2016.
• Residential Properties purchased by a first time buyer between 1^st January 2013 and 31^st December 2013.  These properties are exempt until the end of 2016 providing they are used as the individual’s principal private resident (sole or main residence).
• Properties that are unsold and are not used as a residential property.  These properties must be constructed and owned by a builder / developer.
• Registered Nursing Homes.
• Diplomatic properties including embassies.
• Mobile homes, vehicles or vessels.
• Properties used by charitable bodies.  They must provide residential accommodation in connection with the recreational activities for which they were set up.
• Residential properties owned by a charity or public body to provide accommodation to people with a particular need.  For example, sheltered housing for elderly or disabled individuals.
• Properties which are certified as having significant pyritic damage in line with Government regulations.
• Properties purchased or adapted for the use of a severely incapacitated individual who has received an award from P.I.A.B. (Personal Injuries Assessment Board) or from a trust established.  The property must be the individual’s main or sole residence.
• Properties in unfinished housing estates (“Ghost Estates).
• A property owned by an individual which has been vacated due to long term mental or physical infirmity.

HOW DO WE PAY THE LPT?

The liable person must complete the tax return and select the preferred payment option.

If you prefer submitting a paper return the due date for both filing and paying is 7^th May 2013.  In other words you must enclose a cheque, bank draft or postal order with the completed form.

If you wish to submit a return on line there is an extended filing date to 28^th May 2013 with the following options:

• You can pay by single debit authority.  The payment deadline date in this instance is 21^st July 2013.
• If you wish to pay on a phased basis, the commencement date is 1^st July 2013.

WHAT IS MEANT BY A “PHASED BASIS”?

A phased basis means:

• A deduction from salaries, wages or occupational pensions.
• A deduction from certain payments from the Department of Social Protection.
• A deduction from certain payments made by the Department of Agriculture, Food and the Marine.
• Direct Debits
• Cash payments including debit and credit card payments which are made in equal instalments through an approved payment provider.

HOW WILL AN EMPLOYER KNOW TO DEDUCT LPT?

Revenue will advise the employer of the amount to be deducted.

If a payment is deducted from the individual’s salary at source it is not subject to charges or interest.

WHAT HAPPENS IF THE LPT RETURN IS NOT SUBMITTED?

Revenue will pursue the amount by raising a “Notice of Estimate” using a wide range of collection options including:

• Mandatory deductions of the required amount from salaries, wages, pensions, Government payments.
• Notices of Attachments on bank accounts.
• Handing the debt to the Sheriff.
• Referring the debt to the Revenue Solicitor.
• Withholding refunds of other taxes due until the LPT is paid in full.

WILL INTEREST AND PENALTIES APPLY?

Interest and penalties on late payments will apply.

Not submitting an LPT Return could result in a penalty of the amount of the LPT that would have been payable on a correctly completed return up to a maximum of €3,000.00.  This penalty could arise even if the individual has actually paid the LPT.

A Tax Clearance Certificate will not be issued to the individual.

If you are obliged to file Income Tax, Corporation Tax or Capital Gains Tax Returns, you will incur a 10% surcharge at the relevant filing dates,  if you have not filed your LPT Return and paid the corresponding liability or entered into a payment agreement.  The surcharge will be capped at the amount of the LPT liability only in situations where the LPT position is subsequently brought up to date.

WHAT HAPPENS IF I OWN MORE THAN ONE PROPERTY?

Taxpayers who own more than one property are obliged to pay and file on line.  They do not have the option of submitting a paper return and accompanying cheque, draft or postal order.

WHAT IF I CAN’T PAY THE LPT?

In certain circumstances an individual can opt to defer the payment of taxes if certain conditions are met.

It is important to remember that a deferral is not an exemption.

The deferred tax will remain as a charge on the property until the property is sold or transferred to another person.

There are four categories of deferral of the LPT:

1. Hardship Grounds
2. Personal Insolvency
3. Personal representative of a deceased person.
4. Income Threshold

Revenue will review applications in respect of the first three categories and following its review will grant or deny the deferral application.  These deferrals are not restricted to owner occupiers.  They can apply to personal representatives of deceased liable persons, individuals who have entered into insolvency agreements under the 2012 Personal Insolvency Act as well as those who have suffered unavoidable and unexpected significant financial loss and cannot pay the LPT without excessive hardship.

The fourth category dealing with the Income Threshold does not involve an approval process.  The thresholds are based on gross income providing certain conditions are met.  The standard income threshold can be increased if the claimant pays mortgage interest and this category of individuals must be owner occupier i.e. it does not apply to owners of multiple properties.

I STILL HAVE QUESTIONS

If you still have questions, please contact us on 01-  872 8561 or visit the revenue site http://www.revenue.ie

Rental Income

Rental income is calculated on the gross amount of rents receivable. A profit or a loss is calculated separately for each rental source. The rental income which is liable to Income Tax is the aggregate of the profits as reduced by the aggregate of the losses.

When completing an Income Tax Return, rental income from property situated in the Republic of Ireland is chargeable to tax under the provisions of Case V Schedule D while rental income from property situated outside the State is chargeable to tax under the provisions of Case III Schedule D.

It is important to remember that losses from one source cannot be written off against profits from the other. In particular, Irish rental losses cannot be written off against profits from foreign rental properties and vice versa.

Rental Income liable to Income Tax

The types of rental income liable to Income Tax can be more diverse than you might imagine. The following income is considered to be rental income, taxable under Case V, Schedule D:

• The letting or rental of residential, commercial and/or agricultural property.
• Easements.
• The granting of sporting rights and permits.
• Insurance payments received to compensate for non payment of rent.
• Certain Premiums.
• Improvements carried out by the tenant which is not required by the lease and for which he/she is not reimbursed, etc.

Deductible Rental Expenses

For rental expenses to be deductible there are three main rules:

1. It must be incurred by the landlord.
2. It cannot be of a capital nature.
3. It must be incurred during the period in which the landlord is entitled to receive rental income. In other words, it cannot be considered pre or post trading expenses.

Specific Expenses include:

• Rent, rates and insurance paid by the landlord.
• Repairs & Maintenance costs paid by the landlord including water charges, electricity, satellite/cable television, cleaning and maintenance services, painting and decorating, replacing tiles and slates, damp treatment, fixing broken showers, windows, doors, etc.
• Management Charges.
• Letting Expenses
• Advertising
• Legal Fees including the drawing up of leases or debt collection.
• Accountancy charges in relation to preparing rental income accounts and tax returns.
• Interest on money borrowed to purchase, improve or repair the rental property.
• Allowances for capital expenditure – These are known as Capital Allowances.

Please be aware you can never claim a deduction for your own labour. If you carry out repairs or gardening yourself, you cannot include this as a deductible expense against rental income.

The NPPR and Household charges are not allowable expenses against rental income.

Mortgage Interest

Broadly speaking, interest on money borrowed to purchase, improve or repair a rental property is deductible in calculating your rental income for tax purposes, subject to certain conditions.

The allowable deduction for interest accruing on loans used to purchase, improve or repair rented residential property is restricted to 75% of the total interest accruing.

This 75% restriction does not apply to non-residential property. In the case of offices, warehouses, etc. 100% of the interest is allowable against rents receivable.

A further restriction was introduced in 2006. Unless the landlord has complied with the registration and payment requirements of the PRTB (Private Residential Tenancies Board) in relation to each and all tenancies in the rented property then the interest on monies borrowed for the purchase, improvement or repair or rented residential properties will not be an allowable deduction against rents receivable.

If the loan to purchase the rental property includes stamp duty, legal fees, auctioneers’ fees, etc. then the interest on the loan must be apportioned. Only the interest relating to the actual cost of purchase, repair or renovation of the property is allowable.

Interest incurred prior to the first letting is not allowable (pre-letting expense) neither is the interest incurred after the final letting (post letting expense). Interest incurred during a period in which the landlord occupies the property is not allowable.

Capital Expenditure – Wear & Tear Allowance

Wear and tear allowances are available in respect of capital expenditure incurred on fixtures and fittings provided by the landlord for the rented residential property. This includes furniture, showers, kitchen appliances, etc.

The rate is 12½% over eight years.

What Expenditure is not allowable?

• Pre-letting expenses – expenses incurred prior to the date on which the premises was first let. There are exceptions to this rule and they include auctioneer’s letting fees, advertising fees and legal expenses incurred on first lettings.
• Interest on money borrowed incurred in the period following the purchase of the property up to the time the first tenant enters into a lease and after the final letting.
• Post-letting expenses – expenses incurred after the final letting,
• Capital expenditure incurred on additions, alterations or improvements to the premises unless allowable under an incentive scheme or incurred on fixtures and fittings.
• Expenses incurred on lettings that are exempt under the Rent-a-Room provisions.
• NPPR
• Household Charge
• The landlord’s own labour

Rent-a-Room Relief

If an individual rents out a room in his/her sole or main residence as residential accommodation and receives up to €10,000 per annum this amount will be exempt from Income Tax, PRSI and the Universal Social Charge providing conditions are met.

The €10,000 limit includes rent, utility bills, laundry, food, etc.

If the individual receives in excess of €10,000, the Rent-a-Room exemption will NOT apply and the entire rent receivable will be liable to income tax, PRSI and the Universal Social Charge

An individual cannot avail of rent-a-room relief in respect of payments for accommodation in the family home by a child of the landlord under any circumstances. There is no restriction where rent is paid by other family members, for example, nieces and nephews.

The relief does not affect an individual’s entitlement to mortgage interest relief i.e. Tax Relief at Source.

The relief does not affect the individual’s entitlement to Principal Private Residence Relief from capital gains tax on the sale or disposal of the property.

You can opt out of the relief for a year of assessment by making an election on or before the return filing date for the year of assessment concerned.

Non Resident Landlords

If your landlord resides outside theRepublicofIrelandand you pay rent directly to them or electronically transfer the money into their bank account either inIrelandor abroad, you must deduct income tax at the standard rate of tax (currently 20%) from the gross rents payable.

Failure to deduct tax may leave the tenant liable for the tax that should have been deducted.

At the end of the year you are obliged to complete a Form R185 showing the tax deducted from the gross rents which you should then give to your landlord. The landlord can then submit this form to the Revenue Commissioners and claim this amount as a credit.

If, on the other hand the non-resident landlord has an agent who is resident in the state, then there is no obligation for the tenant to deduct tax from the rent. Instead the tenant should pay the gross rent to the agent.

The agent is then liable to pay income tax on the rents received from the tenant in the capacity of Collection Agent for the landlord. The agent is then required to register as self employed and submit an annual tax return and account for the tax due.

Foreign Rental Income

In general, rental income from property located outsideIrelandis calculated on the full amount of rents receivable, irrespective of whether or not it has or will be remitted intoIreland.

Broadly speaking, the same deductions are available in calculating the taxable rental income as if the rents had been received inIreland.

Income tax on these rental profits is chargeable under Case III of Schedule D.

In the case of an individual who is not domiciled inIreland, the taxable rental income is computed on the full amount of the actual sums received in the State without any deductions or reliefs for expenditure incurred.

Rental losses from the letting of property outside the State cannot be offset against rental income from the letting of property in the State and vice versa. Such losses can only be offset against future rental income from property outside the State.

Revenue have just published a useful guide on mortgage interest relief

The key points are:

1. Tax relief for mortgage interest on a home loan is tax relief given to mortgage holders based on the interest paid on a qualifying mortgage on your home.
2. This includes a new mortgage for a home, a top up loan used for the purposes of developing or improving your home, a separate home improvement loan, a re-mortgage or consolidation of existing qualifying loans secured on the deeds of your home.
3. The mortgage interest relief is given at source, by your mortgage provider, either in the form of a reduced monthly mortgage payment or a credit to your funding account.
4. You do not have to be earning a taxable income to qualify for mortgage interest relief.
5. You can also claim tax relief in respect of the interest on a mortgage paid by you for your separated/divorced spouse or former partner in a dissolved civil partnership.
6. You can also claim tax relief in respect of a dependant relative for whom you are claiming a dependant relative tax credit (i.e. widowed parent or a parent who is a surviving civil partner or elderly relative).
7. Switching lender or mortgage type to achieve a better interest rate is not the same as taking out a new loan. However, a new mortgage when you move home and take out a mortgage with a new or existing lender is eligible for relief.
8. A mortgage taken out from 1^st January 2004 to 31^st December 2012 used to purchase, repair, develop or improve your sole or main residence, situated in the state, is eligible for mortgage interest relief until 31^st December 2017.
9. Mortgages taken out after 31^st December 2012 will not qualify for mortgage interest relief.
10. Mortgages taken out prior to 1^st January 2004 are no longer eligible for mortgage interest relief.
11. Top up loans / equity release loans taken out since 1^st January 2004 on these pre-2004 loans may be eligible for mortgage interest relief provided they are used to purchase, repair, develop or improve your sole or main residence situated in the state.
12. From 1^st January 2012 the rate of mortgage interest relief for first time buyers who took out their first mortgage between the years 2004 and 2008 and are residing in the property increased to 30% until 2017.
13. If you took out a loan outside those dates the existing rules remain unchanged.
14. Mortgage interest on loans taken out for investment, rental, secondary or any properties other than your main residence does not qualify for interest relief.
15. If you are living in the state and paying a mortgage to a qualifying lender in the state but working in Northern Ireland, you can still claim mortgage interest relief in this country provided you have a PPS number.
16. Other loans such as loans in sterling (UK currency) are not eligible for relief through the Tax Relief at Source Scheme but may be eligible for relief from your local tax office.
17. Where a parent is a co-mortgagor/guarantor and is not living in the mortgaged property or making any repayments on the mortgage, the person’s eligibility for Mortgage Interest Relief at the rate applicable to the first time buyer is not affected by the fact that a parent is also party to the mortgage deed.
18. Home loans taken out in 2013 or later do not qualify for mortgage interest relief.

Introduction

Finance Act 2012 introduced a number of important changes to the stamp duty filing regime.

The changes apply to all instruments or deeds executed on or after 7^th July 2012.

Key Changes in Stamp Duty Filing Regime

Where the execution date of an instrument or deed is on or after 7^th July 2012:

1. Adjudication of the stamp duty liability will not be necessary or possible.
2. A late filing surcharge (5% or 10%) will apply where returns are filed late.
3. There are new criteria for making a valid “expression of doubt.”

What these changes mean

1. Instruments executed on or after 7^th July 2012 will no longer be subject to adjudication.
2. Stamp duty must be self-assessed in all such cases.
3. Where unclear about the stamp duty treatment of a particular matter in the return then there is an option to make “an expression of doubt” on the ROS form.
4. The criteria for making a valid expression of doubt are stricter.
5. Revenue can reject an expression of doubt as not being genuine.
6. If Revenue believes the expression of doubt is not genuine, they will issue a notice of rejection outlining the reasons.
7. To obtain a Stamp Certificate the filer must immediately lodge an amended return and pay the related liability.
8. The taxpayer will have the right to appeal to the Appeals Commissioner.
9. An expression of doubt will not be accepted where the Stamp Duty Return is filed late.
10. It is also possible to address technical tax queries to Revenue’s Technical Service (RTS).
11. Late Returns will be subject to a surcharge.
12. Revenue will continue to accept returns as being filed on time where filed up to forty four days after execution. (This is a Revenue Concession.)
13. A 5% or 10% surcharge will apply depending on the lateness of the Return. Further information is available on [http://www.revenue.ie/en/tax/stamp-duty/index.html].

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

Introduction

Your residency affects your tax treatment in Ireland.

As an Irish resident, ordinarily resident and Irish domiciled individual you will be taxed on your worldwide income wherever it arises.

You will be taxed on all Irish and foreign source income in full and where possible you will be entitled to a tax credit for any foreign tax paid on foreign source income.

Residence

You will be considered to be Irish resident if you are present in the state for:

a) 183 days during the tax year in question or

b) 280 days or more over a period of two consecutive tax years.

Notwithstanding b), if you are present in Ireland for 30 days or less in a tax year you will not be treated as resident for that year unless you elect to be resident.

If you are not tax resident in the year of arrival under the above rules, you may elect to be tax resident for the year of arrival.

If you have any queries relating to whether or not you should elect to become Irish resident, please contact us on 01 872 8561

Ordinarily Resident

You will be considered ordinarily resident if you have been resident in the state for the previous three consecutive years.

Regardless of whether or not you are actually resident in the state in the fourth year, you will be considered ordinarily resident for the fourth year.

If you leave Ireland, you will cease to be ordinarily resident when you have been non resident for three consecutive years. You will not be considered to be ordinarily resident from the fourth year.

Domicile

Domicile is a general legal concept.

It is relevant to you in relation to how certain foreign source income will be taxed in Ireland.

Under Irish law, every person acquires a domicile of origin at birth. In most cases this is the father’s domicile, however, in situations where the parents are unmarried or the father has died prior to the individual’s birth, the domicile of the mother is taken.

Your domicile can change if you acquire a domicile of choice.

For more information, please contact us on 01 872 8561

Tax Treatment

As a non resident, but ordinarily resident and Irish domiciled individual you will be taxed on all Irish and foreign sourced income in full.

The following income is exempt:

a) Income from a trade or profession, all duties of which are exercised outside Ireland.

b) Income from an office or employment, all duties of which are performed outside the state.

c) Foreign income providing it does not exceed a threshold amount of €3,810 in a tax year.

As a non resident, non Irish domiciled but ordinarily resident individual, you will be taxed on all Irish source income in full and foreign source income to the extent that it has been remitted into Ireland.

Again, the following income is exempt:

a) Income from a trade or profession, all duties of which are exercised outside Ireland.

b) Income from an office or employment, all duties of which are performed outside the state.

c) Foreign income providing it does not exceed a threshold amount of €3,810 in a tax year.

As non resident, non domiciled and non ordinarily resident, you will be taxed on Irish source income in full and on foreign source income in respect of a trade, profession, employment or office where the duties are exercised in Ireland.

As an Irish resident and ordinarily resident but non Irish domiciled individual, you will be taxed on Irish source income in full and on remittances of foreign source income.

Should you have any queries in relation to residency, ordinary residency or domicile, we would be delighted to discuss them with you.

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.