The Government has announced its intention to close a tax loophole that could leave second homeowners facing higher bills.

Michael Gove, Secretary of State for Housing, Communities and Local Government, has confirmed that the Government will introduce new rules next year that will only allow second homeowners to register for business rates relief if they can prove they rent out their properties for at least 70 days per year.

Owners could face paying more than £1,000 a year under plans to close the loophole.

As the rules stand, second homeowners pay business rates, which are cheaper than council tax, if they make their property available for letting for 140 days in the coming year.

But once the change takes place in April next year, homeowners will have to prove they are let for at least 70 days a year or be forced to pay council tax instead.

The move comes following a surge in the number of holiday lets in England, with around 65,000 residential units currently registered, up from 50,960 in 2019.

The Department for Levelling Up, Housing and Communities (DLUHC) also says that there is currently ‘no requirement’ to produce evidence that a second home has actually been let out – not just left empty.

The DLUHC says the move would protect ‘genuine’ small holiday letting businesses and ensure second-home owners paid a ‘fair’ contribution towards public services.

Mr Gove’s plans come after a consultation launched in 2018 and threats last year by the Treasury to close the loophole.

According to reports, the number of holiday lets in England has been increasing year on year from 50,960 in 2019 to 65,000 now.

The Covid pandemic is said to have fuelled the trend, as London and other city dwellers sought to escape to the countryside.

According to HMRC rules, to qualify as a furnished holiday letting (FHL) it must:

  • Be in the UK or in the European Economic Area (EEA) – the EEA includes Iceland, Liechtenstein and Norway
  • There must be sufficient furniture provided for normal occupation and your visitors must be entitled to use the furniture

The property must be commercially let (you must intend to make a profit). If you let the property out of season to cover costs but did not make a profit, the letting will still be treated as commercial.

All FHLs in the UK are taxed as a single UK FHL business and all FHLs in other EEA states are taxed as a single EEA FHL business. Owners will need to keep separate records for each FHL business because the losses from one FHL business cannot be used against profits of the other.

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