There are certain receipts which can arise out of the use of land and which are specifically excluded by statute from a rental business. These include:
The fishing activities excluded from property income are those carried on by a substantial commercial undertaking. These are a ‘concern’ within ICTA88/S55 or ITTOIA05/S12. The letting of fishing rights is not usually a ‘concern’ of this type and the profits from it are included (see PIM1060).
Profits from running hotels and guest houses are taxed under the rules for trades and are not part of a rental business - PIM4300 has more details.
Rents from tied premises are wholly trading receipts and do not form part of the rental business. The same applies to the taxable amount of any premium received. Any expenditure on the tied premises will be deducted in the computation of the trading profits and should similarly be excluded from the rental business, (ICTA88/S98 or ITTOIA05/S19).
The proprietor of a caravan site may carry on material activities associated with the operation of that site which amount to trading. If so, receipts of that trade can include any receipts from letting caravans even though the letting does not, of itself, amount to a trade. Such receipts will not, therefore, be part of the letting business and nor will the associated expenses, (ESCB29 or ITTOIA05/S20).
The regular provision of meals to lodgers or tenants in the taxpayer’s own home is also likely to amount to a trade. The trade will usually encompass all the receipts from the lodgers or tenants in their home; that is, the payments the lodgers or tenants make for lodging, board, cleaning, laundry etc. The trade will be taxable under the trading rules. The rent-a-room rules may apply here; see PIM4000 onwards.
Where a taxpayer lets a property (which isn’t their home) and they provide additional services to their tenants:
More details about when a trade exists are at PIM4300.
Rent received from letting surplus trade accommodation is strictly assessable as property income. In practice HMRC will, subject to certain conditions, allow taxpayers who let business accommodation temporarily surplus to the requirements of their trade to take the rent received in respect of that accommodation, and any related expenses, into account in calculating the profits of the trade - see BIM41015. This practice is given statutory effect for IT cases for 2005-06 onwards by ITTOIA05/S21.
Overseas properties are charged to tax separately, see PIM4700 onwards.
The profits of a property business essentially derive from the exploitation of an interest in land and are not profits derived from what happens on the land, see ICTA88/S53 and ITTOIA05/S9, ITTOIA05/S10, ITTOIA05/S11.
For guidance see:
For guidance on what these are and how they are treated for tax purposes see:
As a consequence of ITTOIA05 some income that is within Case VI for companies is now property income for IT payers. But the income is not part of the UK property business - see PIM1113.
