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Tax Code

Dáil Éireann Debate, Thursday - 20 November 2014

Thursday, 20 November 2014

Questions (14)

Clare Daly

Question:

14. Deputy Clare Daly asked the Minister for Finance the steps he will take to amend the situation of taxation on rental income in cases where homeowners acquired property as their primary residence and had to leave it as they were no longer able to afford to pay the mortgage, or their family circumstances changed, leaving them unable to dispose of the property as a result of it being in substantial negative equity and choosing to rent it instead, the rental income being considerably less than the mortgage repayments and the injustice of them then having to pay a heavy taxation bill on this loss; and if he will address this matter. [44573/14]

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Written answers

Rental income for tax purposes from such property is the gross rental income less allowable expenses incurred in earning that rent, as specified in section 97(2) of the Taxes Consolidation Act 1997. The main deductible expenses are:

- any rent payable by the landlord in the case of a sub-lease;

- the cost to the landlord of any goods provided or services rendered to a tenant;

- the cost of maintenance, repairs, insurance and management of the property;

- the interest paid on borrowed money used to purchase, improve or repair the property (which, in the case of residential property, is restricted to 75% of the interest and is subject to compliance with PRTB registration requirements for all tenancies that existed in relation to the property in the relevant year); and

- payment of local authority rates.

In addition, wear and tear capital allowances are available in respect of the capital expenditure incurred on fixtures and fittings provided by a landlord for the purposes of furnishing rented residential accommodation. These allowances are granted at the rate of 12.5% per annum of the actual cost of the fixtures and fittings over a period of 8 years.

Where the aggregate of deductible expenses in any year exceed the gross rental income, the amount of the deficit is set against rental profits of the same year from other property. Where there are no other rental profits in the same year, the deficit is carried forward as a rental loss for offset against rental profits in future years.

I have no plans at the moment to change the tax treatment of rental income for tax purposes, however, as a matter of course all such taxation measures and reliefs are considered in the context of the annual budgetary process.

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