Non-resident landlord tax Obligations in UK

You are considered a non-resident landlord by HM Revenue & Customs (HMRC) if you meet the following conditions:

• You have moved to live abroad. 

• Your 'usual place of abode' is outside the UK.

• You spend less than 183 days in the UK. 

So, if you reside overseas for over half the year and let out residential or commercial property in Britain, you are regarded as a non-resident landlord for tax purposes. It does not matter if you are a British national or UK-born if you satisfy the non-residency conditions. 

Tax Rates for Non-Resident Landlords

As a non-resident landlord, you must pay UK income tax on profits from renting out your properties in Britain. This applies whether you let the properties directly or through a letting agent.

The tax rates are same for NRLs:

• 20% basic rate tax on rental profits between £1 to £37,700

• 40% higher rate tax between £37,701 to £125,000

• 45% additional rate tax above £125,000

These thresholds apply for the 2023/24 tax year. Where the personal allowance does not apply to NRLs, they pay 20% tax from the first pound of profit. Companies pay corporation tax at 19% if renting out UK property via a company structure.

Reporting Rental Income Using the NRL1 Form

As an NRL, you must report your UK rental income to HMRC. Otherwise, you could face penalties and fines. HMRC can revoke NRL status, and the estate agent can be directed to deduct tax from the gross rent. To inform HMRC, you must submit a 'Non-resident landlord scheme – Notification form' called the NRL1 form.

This form asks for details like:

• Your name, home address, contact details.

• The date you became a non-UK resident.

• List of UK rental properties owned.

• Estimated rental income per property.

• Names and addresses of any letting agents.

• Bank account details for payment of tax.

HMRC will then approve your submitted details and allocate you a Unique Taxpayer Reference (UTR) number. You report income and expenses on your self-assessment using this UTR.

Personal Allowance Rules for Non-Resident Landlords

Usually, individuals get a £12,570 personal allowance before paying basic rate tax. However, some non-resident landlords may not qualify for this tax-free personal allowance. British nationals, members of the Armed Forces serving the British Forces, and citizens of the Commonwealth and European Union are mostly allowed personal allowance. 

Appointing a Tax Agent for Your Rental Properties

Managing UK tax affairs from overseas can be complicated for expat landlords. One solution is to appoint a tax agent or accountant in Britain to handle this for you. They file returns, update HMRC about tax compliance, and provide local assistance and guidance.

The need to pay tax upfront under the NRL scheme is waived by authorising an agent to act for you with HMRC. Your approved agent collects rent without deduction, accounts for tax at year-end, and pays any liability from funds in your account.

You still must provide income, expenses, property details, and offshore status information to your tax agent. UK-based individuals over 18 or registered tax accountant can act as authorised agents. Many specialise in non-resident landlord tax compliance services.

Consequences of Not Reporting Income or Paying Tax

If you fail to report your UK rental income to HMRC as a non-resident landlord, there can be serious tax penalties:

• £100 initial late filing penalty if your return is up to 3 months late.

• Over three months late and you pay £10 per day up to £900.

• £300 penalty if it's more than six months late.

• £300 penalty for late payment of tax

• Interest is charged daily on late tax payments.

On top of penalties and interest for late filing and payment, higher fines can be levied for continued non-compliance:

• Up to 30% of tax due for careless inaccuracies

• Up to 70% tax due for deliberate errors

• Potential prosecution for offshore tax evasion

Unpaid tax by non-compliant NRLs is also recovered from letting agents or tenants at 20% or deducted from future rental income. Landlords living overseas must take UK tax obligations seriously or face substantial tax trouble.

Other Rules for Non-Resident Landlords

Here are some other important NRL rules and requirements beyond basic tax reporting and payment:

• The NRL scheme applies equally to individuals, partnerships, trusts, or overseas companies.

• Keep records on rental income, expenses, property repairs/costs.

• File self-assessment returns or corporation tax returns for companies each tax year.

• Appoint a UK-based main property accountant to assist with tax affairs.

• Special rules for UK-furnished holiday lettings 

Tax compliance is a crucial aspect of any business, and it is essential to handle it carefully. Any errors, omissions, or delays in tax payments can result in severe penalties. These penalties can be financial, legal, or both and can significantly impact your business's operations. 

It is important to note that tax regulations are often complex and subject to change. Therefore, staying up to date with the latest developments and adapting your tax compliance strategies is essential. By doing so, you can avoid potential penalties and ensure that your business operates within the bounds of the law.