HMRC tries to simplify flat service charge regime

New guidance from the taxman on how property and “flat management” companies should present their accounts has confused accountants, reports Nick Huber.

HMRC has updated its guidance on rental income, savings income and dividends in its Trusts, Settlements and Estates Manual. The changes cover two areas:

  1. A updated form 17 Declaration of beneficial interests in joint property income now includes a stipulation that evidence of beneficial interest be provided. Previously HMRC had asked for evidence only in the case of bank and building society interest. The evidence requirement now applies to declarations in respect of all types of property, the ICAEW Tax Faculty explained in a blog post on the subject last week.
  1. There are also new procedures governing the filing requirements for flat management companies under the new regime. The changes means that property and flat management companies that collect service and maintenance charges from tenants and hold them in interest-bearing trust accounts may have to do more admin, although there are signs that HMRC is trying to lessen the burden.

Under Section 42 of the Landlord and Tenant Act (LTA) 1987, property and flat management companies who are paid service charges and “sinking funds” for maintaining should pay the money into a trust fund, and notify HMRC of the fund.

All clear? Some AccountingWEB.co.uk members are anything but and confusion over rules for flat management accounts is making it difficult for accountants to answer clients’ questions.

In a post in July Zarathrusta said he thought service charges should be treated as money held on trust, and therefore appear outside of the accounts of the flat management company, along with all of the expenses, even if these have gone through the company bank account.

However, he was still unsure about whether dormant accountants can be prepared for the management company, and whether the company should prepare a Trust return for HMRC.

In another thread the same week, Colinwain said a flat management company client had recently asked how the company’s accounts and tax return should be prepared.

Several interesting suggestions were put forward in the two Any Answers threads, most of which seem to have satisfied the authorities to date. But so far no one has provided a definitive answer to Zarathustra’s question whether to prepare dormant accounts for management companies or not.

Further reading

Continued...

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Comments

No Trust.Need to satisfy two purposes.

uktaxpal | | Permalink

There is no trust.The term "Trust" is only a LTA 87 definition.HMRC are confused.The important point is to satisfy the service charge accounts provisions contained in LTA 87 thereby charging residents only expenditure provided for in the lease.To issue only full companiies act accounts does not fullfil the requirement unless the accounts differentiate between service charge income and expenditure and non service charge expenditure.Two sets of accounts may be required.

Paul Scholes's picture

Don't think HMRC are confused, that's our job

Paul Scholes | | Permalink

HMRC's guidance & requirements on this came out around 1999 in a tax bulletin in order to try to deal with previous confusion whereby S42 service charge money and its interest were being declared in company accounts.

This guidance was repeated by the main property letting agents regulatory bodies as well, I think by ICAEW & ACCA.  From my experience the confusion has come about because this was never given the publicity it deserved and there was nothing to force the issue, allowing agents & accountants to turn a blind eye or, in the majority of cases, act in ignorance.

What has sparked this latest publicity has been ICAEW's decision to finally get the thing back into the light of day and go the whole hog with guidance over accounts prep for service charges.

What confuses me is how there is still any dispute over the case that S42 service charge money is not owned by the person or thing receiving it.  Consequently it should not appear as that person's or thing's income & expenditure.

The original tax bulletin now spans several pages of HMRC's manual TSEM5700 onwards.

 

 

 

Drowning in meaningless regulations...

Ian McTernan CTA | | Permalink

Another fine example as to why doing anything in this country is so complicated - small wonder 20% of the workforce is employed looking after the rest of us.

Wish the Revenue/politicans/central and local government would stop sticking their oar in to businesses and actually let us get on with running them and trying to keep our heads above water.

Whatever happened to being able to present accounts without needing 'guidance' on every miniscule aspect of every business on the planet?

Flat Management Companies

lisler | | Permalink

More confused now I've revisited the topic