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Property Tax Advisoryby ASWATAX
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Section 24 and income

Seven ways landlords respond to Section 24

Company ownership, spouse transfers, Form 17, paying down debt, partnerships, pensions and selling weaker properties: the Section 24 options compared.

Section 24 stops individual landlords deducting mortgage interest from rental income. Instead you get a tax credit at the basic rate: 20% for 2026/27 and 22% from April 2027, when the new property income rates of 22%, 42% and 47% start. For a higher-rate landlord, the interest is taxed at 40% (42% from 2027) and only half of that comes back.

There's no single fix. There are seven common responses, each with real costs. This article sets them out side by side so you can see which might fit your portfolio.

The options at a glance

OptionBest suited toMain cost or risk
1. Company ownershipHigher-rate landlords reinvesting profitsCGT and SDLT on transfer, refinancing, extraction tax
2. Spouse ownershipCouples with different tax ratesLender consent, SDLT on mortgaged shares, giving up ownership
3. Form 17Married couples with unequal sharesMust reflect real beneficial ownership, 60-day deadline
4. Paying down debtLandlords with spare cashTies up capital, lost leverage
5. Property partnershipLarge, actively run family portfoliosDoesn't remove Section 24 itself, HMRC scrutiny
6. Pension contributionsLandlords with salary or trading incomeRelief capped at earnings, IHT on pensions from 2027
7. Selling weaker propertiesPortfolios with low-yield, high-debt unitsCGT at 18% or 24%, sale costs

1. Owning through a company

Companies aren't subject to Section 24. A company deducts interest in full and pays corporation tax at 19% on profits up to £50,000 and 25% above £250,000. It also isn't affected by the new property income rates.

Pros: full interest relief; lower tax on profits kept in the business; a flexible vehicle for succession.

Cons: moving existing properties is a market-value disposal for CGT, and SDLT is charged on market value. Incorporation relief can defer the gain if the letting activity is a genuine business, and since April 2026 it must be claimed. Company mortgages can cost more. Money you take out is taxed again as dividends.

Many landlords split the difference: keep existing properties personally and buy new ones in a company. See buying property through a limited company and our worked example on incorporation.

2. Moving ownership to a spouse or civil partner

If one partner pays tax at 40% and the other at 20%, moving beneficial ownership to the lower earner can save tax on the rent. Transfers between spouses or civil partners living together are no gain, no loss for CGT, so there's no CGT on the move.

Pros: cheap and quick where there's no mortgage; also useful later for CGT on a sale.

Cons: it must be a genuine, outright transfer of ownership. Where a share of a mortgaged property moves and the recipient takes on part of the debt, SDLT can be due on that share of the debt. The lender usually has to agree. And the property really does belong to your spouse afterwards.

3. Form 17 and unequal shares

Married couples and civil partners living together are taxed 50:50 on income from jointly held property, whatever their actual shares. If you hold unequal beneficial interests, for example 90:10 under a declaration of trust, you can elect to be taxed on those shares by sending Form 17 to HMRC within 60 days of the declaration. It applies to income from the date of the declaration.

Pros: lets income follow genuine ownership; no CGT where the underlying transfer is between spouses.

Cons: the beneficial interests must really be unequal, and the income must follow them. Form 17 can't be backdated, and joint tenants must first sever to hold unequal shares.

4. Paying down debt

Less borrowing means less restricted interest. It's the simplest response and the one with no tax risk.

Pros: certain; reduces exposure to rate rises.

Cons: ties up capital that may earn more elsewhere; reduces your ability to grow. If the cash comes from selling a property, CGT may be due.

5. A property partnership

A partnership on its own doesn't avoid Section 24: the restriction applies to individuals whether they own alone or in partnership. Its relevance is as a possible step towards incorporation. On the right facts, the partnership SDLT rules in Schedule 15 to the Finance Act 2003 can reduce SDLT when a genuine partnership transfers property to a company owned by the partners.

Pros: potentially large SDLT savings on a later incorporation.

Cons: the partnership must be real, not a label. SDLT anti-avoidance rules, including FA 2003 s75A and a three-year rule for withdrawals after transfers in, are applied closely. HMRC's Spotlight 69 targets one LLP-based scheme specifically. Treat any "off-the-shelf" partnership plan with caution.

6. Pension contributions

Personal pension contributions extend your basic rate band and reduce adjusted net income. That can keep more of your rent in the basic rate band, or restore a personal allowance lost between £100,000 and £125,140.

Pros: relief at your marginal rate; can be very effective around the £100,000 band.

Cons: relief is capped at your relevant UK earnings (or £3,600 gross if higher). Rental income isn't earnings, so a landlord living entirely on rent can't use this at scale. Most unused pension funds also come into the estate for inheritance tax from 6 April 2027, which changes their appeal as a long-term store of wealth.

7. Selling weaker properties

Some properties earn little after interest and Section 24. Selling one and using the proceeds to repay debt on others can lift your overall return.

Pros: cuts debt and restricted interest; simplifies the portfolio.

Cons: CGT at 18% or 24%, reported and paid within 60 days of completion; sale costs; loss of future growth. See selling a buy-to-let.

A quick illustration of combining options

This is an illustration, not a client example. A married couple own six properties. One earns a £30,000 salary and owns all of the portfolio; the other has no income. Rental profit before interest is £60,000, with £30,000 of interest.

At 2027/28 rates, the salary uses the earning spouse's personal allowance and part of their basic rate band. The rent is taxed at 22% on the £20,270 of band left (£4,459) and 42% on the remaining £39,730 (£16,687), less a 22% credit on the interest (£6,600): about £14,550.

If beneficial ownership moves so the other spouse holds the whole portfolio, their own allowance and basic rate band apply. After the £12,570 allowance, £37,700 is taxed at 22% (£8,294) and £9,730 at 42% (£4,087), less the same £6,600 credit: about £5,780.

That's a saving of nearly £8,800 a year, without a company. In practice the couple would need lender consent, would consider SDLT on any mortgage taken over, and would weigh giving up ownership. They might also buy future properties in a company. Combining two simple steps often beats one complex one.

How to choose

Start with three questions:

  1. What's your marginal rate, now and from 2027/28? Section 24 mainly hurts higher and additional-rate landlords.
  2. Do you need the income, or will you reinvest it? Companies suit reinvestment far better than extraction.
  3. What are your plans for the next ten years? Selling, growing and passing property on each point to different answers.

Then put numbers on the short list. Our Section 24 calculator shows what the restriction costs you today. We review the options against your actual figures on a fixed fee agreed upfront, and we respond the same working day.

Common mistakes

  • Incorporating without checking the business test or SDLT.
  • Signing a declaration of trust and forgetting the 60-day Form 17 deadline.
  • Remortgaging to release equity for personal use and assuming the interest qualifies.
  • Treating a partnership as a way round Section 24 on its own.
  • Deciding on 2026/27 numbers when the 2027/28 rates will apply for years.

This article is general information, not advice. Tax rules change and their effect depends on your circumstances. Please speak to us before acting.

EXAMPLE: RENT £60,000 · MORTGAGE INTEREST £25,000 · OTHER COSTS £5,000Before Section 24: taxed on rent less all costs£30,000 taxedUnder Section 24: interest no longer deducted£55,000 taxedThen a basic-rate tax credit on the £25,000 of interest.Relief at 20% instead of 40% costs a higher-rate landlord about £5,000 a year here, more if it also cuts the personal allowance.
How Section 24 increases a landlord's tax. Before Section 24, mortgage interest was deducted from rent before tax. Now it isn't: you're taxed on the profit before interest, then get a tax credit at the basic rate on the interest. Higher and additional rate landlords pay more as a result, and the higher taxable income can push you into a higher band. Illustration only, for a higher-rate landlord. Profit taxed Extra profit taxed because of Section 24

FAQs

Frequently asked questions

What is the cheapest way to deal with Section 24?

There isn't one answer, but the options with the lowest up-front cost are usually ownership changes between spouses or civil partners and reviewing which properties earn their keep. Transfers between spouses living together are free of capital gains tax, though SDLT can arise on a share of a mortgaged property. Incorporation usually costs the most up front. The cheapest option is the one that fixes the problem for your income level and plans.

Can I put properties in my children's names to reduce Section 24 tax?

A gift to an adult child moves the rental income to them, but it is a disposal at market value for capital gains tax, SDLT can apply if they take on a mortgage, and they also face Section 24 on any borrowing. If you keep receiving the rent, the gift won't work for inheritance tax either. For children under 18, rent from property a parent gives them is generally taxed as the parent's income if it exceeds £100 a year.

Do pension contributions help a landlord affected by Section 24?

They can, if you have earnings. Personal pension contributions extend your basic rate band and reduce adjusted net income, which can keep rental profit out of the higher rate or restore a personal allowance lost above £100,000. But tax relief is limited to your relevant UK earnings, or £3,600 gross if higher. Landlords who live entirely on rent have little room to use this, and pensions come into inheritance tax from April 2027.

How much can a landlord with no salary pay into a pension with tax relief?

Up to £3,600 gross a year. Pension tax relief is limited to the greater of £3,600 and your relevant UK earnings, which include employment and self-employed income but not rental profits. A landlord living entirely on rent can therefore get relief on only £3,600 a year, paid as £2,880 with basic-rate relief added. That is too little to make a real difference to Section 24.

Does Section 24 affect landlords with interest-only mortgages more?

Section 24 depends on interest, not on the type of mortgage. Capital repayments were never deductible, so an interest-only loan isn't treated worse in principle. But interest-only borrowers pay more interest for longer on the same debt, so the restricted amount stays higher. Landlords moving to repayment mortgages reduce their Section 24 exposure over time, at the cost of higher monthly payments.

Is it better to sell a property or pay down its mortgage?

It depends on the property's return. Paying down debt with spare cash removes restricted interest but ties up capital. Selling a weak property can release cash to repay borrowing on better ones, but triggers capital gains tax at 18% or 24% and costs. Compare the after-tax return each property earns on its equity with what the money would save elsewhere in the portfolio. That comparison often points to one or two clear candidates.

Does spouse ownership still help once both of us are higher-rate taxpayers?

Much less for income tax. If both of you already pay 40%, moving income between you saves little, and from April 2027 both of you would pay 42% on rent. It can still help for capital gains tax, because each of you has a £3,000 annual exempt amount, and for inheritance tax planning. For income tax, a company or debt reduction usually matters more at that stage.

Does Section 24 still matter if interest rates fall?

Less, but it doesn't go away. The cost of Section 24 is roughly the interest multiplied by the gap between your marginal rate and the credit. Lower interest shrinks the cost. But many landlords decide on restructuring when rates are high and then live with the consequences for decades. A structure that only makes sense at high interest rates may not be worth the up-front cost.

Can I combine several Section 24 options?

Yes, and the best plans often do. A couple might rebalance ownership between them, sell one highly geared property to reduce debt elsewhere, and buy future properties in a company. Each step has its own tax costs, so the order matters. For example, rebalancing ownership before a sale can use both spouses' annual exempt amounts and basic rate bands for capital gains tax.

Do I need my lender's consent to transfer a share to my spouse?

Usually, if the property is mortgaged. Most buy-to-let mortgages need the lender's agreement to any change of legal ownership, and adding a borrower can mean a new application. A declaration of trust changing only the beneficial interests may be possible without changing the legal title, but check the mortgage terms first. Lender issues are commercial rather than tax questions, so speak to your broker alongside us.

Can I reduce Section 24 tax by claiming all my other costs?

Claiming every allowable cost reduces your rental profit and so your tax, but it doesn't change the restriction on finance costs. Letting agent fees, repairs, insurance, service charges, accountancy and replacement domestic items remain fully deductible. Landlords who under-claim these pay more tax than they need to. HMRC's LLP liquidation route, by contrast, doesn't work, as its Spotlight 69 explains.

Free guide

Landlord tax guide: incorporation, Section 24 and beyond

How Section 24 and the new property income rates affect portfolio landlords, when incorporating makes sense, and planning for sales, SDLT and inheritance tax.

Landlord tax guide: incorporation, Section 24 and beyond

Talk to us before you buy, sell or restructure.

The right structure can save landlords tens of thousands over the life of a portfolio. A free first call, fixed fees, and a reply the same working day.

Or write to taxadvisory@aswatax.co.uk

Chartered Tax Adviser
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