25/01/2022
Change of tax law on Rental Income has made it a levelled playground for both companies and individual taxpayers.
A company is an artificial person that exists independent of its owners and an individual of course is a single human being.
One of the tax amendments made in 2021/2022 financial year, was Section 22(1)(c) of the income tax Act that was amended to allow 75% of rental income as expenditure and losses incurred in production of rental income.
Prior to this amendment, investors such individuals wanting to invest in rentals would transfer ownership of all their rental houses to a company for the company would be allowed tax deductions of all expenses incurred during the tax period to generate rental income.Then the net balance between the rental income and all allowable expenses is charged to tax at 30%.
This was different on the account of an individual.An individual would be allowed only 20% of total rent collections as expenses. The balance, which is 80%, would be charged to tax at 20%.This would apply regardless of whether there would be profits or not.
Take a look.
Assume ABC, a taxpayer having rental houses as a company and as an individual earning 30m annually from rental houses and incurring 20m to generate this income.
Company Individual
Income. 30m. 30m
Less expenses. 20m. 6m(20%)
Net income. 10m. 24m
Tax @30%/20% 3m. 4.8m
You will realise that ,the individual would pay more tax than a company on the same income.
Why was the law changed?
Despite the exponential growth in real estate industry, the government was not collecting enough taxes from the industry.Why?Taxpayers would apply aggressive tax planning strategies to minimise their tax liabilities as much as possible.
How?
1.Change of ownership of rental houses from individual to companies.
2.Overstatement of their expenses to reduce their chargeable income to zero
Who are the benefiaries of this new law?
1.The government.The government is set to realise more tax revenues. Just because, whether the company has made profits or not ,only 75% of rent collections will be allowed as expenses,implying that 25% is chargeable income taxed @30%.
2.Individaul taxpayers.Individuals would be allowed 20% of rent collections as expenses in previous law vs 75% as per the current legislation.
However, what was forgotten by the legislators, is to repeal section 22(1)(ca) which allows interest on mortgages from financial institutions as an expenditure for tax purposes.This part is still in force unless there is a practice note to override it.
ALL IN THE NEW LAW IS GOOD FOR TAXPAYERS & THE GOVERNMENT.
HAPPY NEW YEAR.