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Section 24, property companies and Making Tax Digital

Accountants for UK property investors and landlords

Section 24 restricts mortgage-interest relief for personally-held rental property, which can leave higher-rate landlords paying tax on profit they have not kept as cash. Making Tax Digital for Income Tax now applies for landlords whose gross rents cross £50,000. We compare personal ownership with a separate property company, check the allowable expenses on what is held personally, and prepare 60-day Capital Gains Tax returns before the deadline when the records are with us in time.

Read the SPV guide
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01
Is this for me?
We work with landlords and property investors holding property personally, in a partnership, or through a limited company set up to hold property (often called a Special Purpose Vehicle, or SPV). The focus is on the Section 24 mortgage-interest restriction, the 60-day Capital Gains Tax window on disposal, and whether to hold the next purchase personally or in a company.
02
What's covered
Rental accounts and Self Assessment, Section 24 planning, 60-day Capital Gains Tax returns on disposal, the incorporation analysis when a portfolio is being moved into a property company, and the Corporation Tax and extraction modelling needed after the move.
03
What it costs
A two-property personally-held portfolio and a ten-property SPV need different levels of work, and an SPV incorporation review is usually quoted separately. The fees page sets out the bands.
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Section 24

How Section 24 has changed the numbers

Under Section 24 of the Finance (No. 2) Act 2015, finance costs on residential buy-to-let are no longer an allowable expense. They are replaced by a flat 20% tax credit. For a higher-rate taxpayer, this means mortgage interest is effectively taxed as if it were profit. Once grossed-up rents push you into the 40% band, the effective tax rate on a heavily-leveraged property can exceed the net cashflow it produces, depending on loan-to-value and the prevailing mortgage rate. See our UK Property Tax guide for Stamp Duty Land Tax, Section 24, Capital Gains Tax, the Annual Tax on Enveloped Dwellings, and incorporation.

On top of that: Making Tax Digital for Income Tax Self Assessment (MTD for ITSA) requires quarterly digital submissions from 6 April 2026 for individuals whose gross rental turnover exceeds £50,000. HMRC uses your 2024-25 return as the trigger, and joint owners are assessed on their individual share, not the property total. Section 24 now applies in full, and many landlords we speak to have not yet modelled what it means for their portfolio.

Several rules now interact: the 60-day CGT filing deadline, the Section 24 interest restriction, the end of the Furnished Holiday Lettings regime in April 2025, and MTD for ITSA. Our tax planning service sets out how these affect your portfolio before the deadlines, not after.

Key decisions

Decisions that make a real difference

These are the areas where the rules overlap, and where timing can change the tax bill.

1. Incorporating into an SPV without modelling the SDLT bill

A personally-held portfolio transferred into a limited company is a market-value disposal. You trigger both CGT on the uplift and SDLT on the deemed acquisition, including the 5% surcharge on additional dwellings. Section 162 Incorporation Relief can defer the CGT if the activity qualifies as a genuine business, and a partnership structure may allow SDLT relief. Neither is automatic. We calculate the actual cost before you move.

2. Spouses declaring 50/50 income on an unequal share

For jointly-held property, HMRC presumes a 50/50 income split regardless of actual beneficial ownership. To split income in line with a lower-earning spouse's tax band, you need both a valid Declaration of Trust and a Form 17 filed within 60 days. Get the sequence wrong and HMRC will reject the split for the whole tax year.

3. Treating an FHL like it still qualifies

Since 6 April 2025, the Furnished Holiday Let regime has been abolished. Capital allowances claimed on fixtures transition onto a new basis; mortgage interest becomes Section 24 restricted; gains no longer qualify for Business Asset Disposal Relief at 10%. We review your FHL positions for the transition and preserve what can still be claimed via Full Expensing on qualifying fixtures where the property is in corporate ownership.

4. Missing the 60-day CGT filing clock

On UK residential disposals, a standalone Capital Gains Tax return must be filed and paid within 60 days of completion, long before your annual self-assessment. Miss it and HMRC issues automatic penalties plus interest. We prepare the return at exchange, not completion, so the payment on account is ready the day the money lands. Project your liability with our Capital Gains Tax Planner.

5. Confusing repairs with capital improvements

A like-for-like boiler replacement is a repair (100% deductible against rental profits in year). A new kitchen that materially upgrades the property is a capital improvement (held on the balance sheet until disposal and only reduces future CGT). The line is narrow and HMRC challenges it routinely. We evidence each line of refurbishment work correctly so relief lands where it saves you the most tax.

How we look after your property tax

Property tax changes every Budget. We keep the current rules in view so your returns use the right reliefs and your filing deadlines are in the calendar from the start.

MTD for ITSA position

We check whether Making Tax Digital applies to you, then get your rental records into the right software before the April deadline.

Would a property company save you money?

We calculate the CGT and SDLT costs of incorporation, check whether Section 162 relief applies, and model ten years of returns to show whether it makes financial sense.

Form 17 & Declaration of Trust

For married couples and civil partners: we prepare the Declaration of Trust, draft the unequal beneficial split, and file Form 17 inside the 60-day HMRC window so income is taxed on the lower earner from day one.

60-Day CGT Reporting

We prepare your CGT return at exchange so that filing and payment are ready within 60 days of completion. Private Residence Relief, Letting Relief and indexation are applied correctly. Use our Capital Gains Tax Planner.

Repairs vs improvements

We classify every invoice so repairs go against your rental profits and capital improvements go towards your CGT base cost. Clear records sit behind every line, so if HMRC asks, the claim is ready to explain.

End of holiday-let status

Post-April 2025, Furnished Holiday Let status no longer exists. We work through your capital allowances pool under the new rules, preserve what remains, and advise on whether to continue as a standard let, convert to SPV ownership, or sell if the numbers support it.

Frequently asked questions

When does MTD for ITSA start for landlords?

MTD for ITSA is mandatory from 6 April 2026 for landlords and sole traders whose combined qualifying gross income exceeds £50,000, assessed on the 2024-25 tax return. The threshold falls to £30,000 from April 2027 and to £20,000 from April 2028, so many portfolio landlords will be caught by the rules within two years even if they miss the first wave.

How does the MTD threshold work for joint property owners?

The £50,000 threshold applies to each individual's share of gross rental turnover, not the property aggregate. Couples holding a portfolio jointly are assessed on their personal share plus any self-employment income, so one spouse may be in MTD from 2026 and the other from 2027. We check this before the tax year begins, so each person knows where they stand.

Should I move my portfolio into an SPV limited company?

It depends on three variables: your marginal income tax rate, your gearing (loan-to-value), and your intended hold period. Higher-rate taxpayers on leveraged portfolios gain the most. Mortgage interest becomes fully deductible inside the company and Corporation Tax (19-25%, with Marginal Relief between £50k and £250k profit) is lower than 40/45% personal rates. Against that, the transfer triggers SDLT (plus the 5% additional-dwelling surcharge) and CGT unless Section 162 Incorporation Relief applies. We run the full ten-year model before you commit.

Can Section 162 Incorporation Relief defer the CGT on transfer?

Potentially, yes, but only if the portfolio is run as a genuine business rather than a passive investment. HMRC tests activity level (hours worked, scale of the operation, business-like records), and the Ramsay v HMRC tribunal is the benchmark used in practice. Where relief is available, CGT is rolled into the base cost of the new shares rather than paid on transfer. SDLT remains payable unless the portfolio qualifies for partnership SDLT relief, which requires a pre-existing partnership structure operated for an adequate period. Both reliefs are frequently challenged; documentation and structure need to be in place well before the transfer.

What changed with the Furnished Holiday Let (FHL) abolition?

From 6 April 2025, FHLs lose their separate tax regime. Three consequences: (1) mortgage interest moves onto the Section 24 basic-rate tax credit instead of full deduction; (2) gains on disposal no longer qualify for Business Asset Disposal Relief at 10%, defaulting to 18/24% residential CGT rates; (3) new capital expenditure no longer attracts plant and machinery allowances, only the reduced Replacement of Domestic Items Relief. Existing capital allowances pools transition to the new basis. Short-let owners should review pricing, structure and exit timing as a package.

When is capital gains tax due on a property sale?

CGT on UK residential property disposals is payable within 60 days of completion via the HMRC Capital Gains Tax on UK Property account. This is a standalone filing, distinct from the annual self-assessment, which still picks up the disposal at year-end. Late filing penalties start at £100 and escalate; HMRC charges interest on unpaid tax from day 61. We prepare the draft return at exchange so the payment is ready on the day sale funds land.

How do I shift rental income to my lower-earning spouse?

For a jointly held property, HMRC's default position is a 50/50 income split between spouses or civil partners regardless of actual ownership. To override this, you need to (1) hold the property in unequal beneficial shares via a Declaration of Trust, and (2) file Form 17 with HMRC within 60 days of signing that declaration, supported by evidence of the unequal ownership. Without both steps the split is invalid for the full tax year. Unmarried joint owners are taxed on actual beneficial shares without needing Form 17.

When is replacement work a repair, and when is it a capital improvement?

The HMRC test is whether the work restores the asset to its original state (repair, 100% deductible against rental profit) or materially improves it beyond original condition (capital, added to base cost for future CGT). Replacing a tiled roof with modern equivalent tiles is a repair; converting a loft into a bedroom is capital. Single-glazed windows replaced with double glazing is a repair, because double glazing is now the industry standard, and HMRC accepts the nature-of-the-asset test. Evidence each quotation and invoice at the time; retrofitting the classification three years later rarely survives enquiry.

Can I refinance existing buy-to-let mortgages into an SPV without triggering tax?

No. Transferring a property from personal ownership into an SPV is a market-value disposal for CGT (deferred only if Section 162 applies) and a deemed acquisition for SDLT at the additional-dwelling rate. The SPV must also arrange new commercial mortgage finance, since existing personal buy-to-let products cannot be novated. Many landlords incorporate gradually, property by property, timing each transfer to coincide with a refinance event so the SDLT and redemption costs are absorbed into a single capital event.

Want to check where the portfolio stands?

A short call with a Chartered Management Accountant covers how Section 24 affects you, splitting income with your spouse, the 60-day CGT window when you sell, whether a property company makes sense, and whether you need to be on MTD. A written proposal follows.