
Rental Income Tax Services – Income Tax, Personal Tax, Capital Allowances, Tax Returns prepared and filed. Local Property Tax
This article takes a holistic overview of the taxation of rental income under Income/Personal Tax, Local Property Tax and filing obligations but also looks at rental losses, obligatory registration with the RTB, what constitutes tax free rent-a-room income as well as disallowable pre-letting expenses.
According to the Revenue’s website, Rental income includes:
According to Revenue, LPT is not a deductible expense against rental income under Section 97 TCA 1997.
According to the Thornhill Group, for Income Tax and Corporation Tax purposes, Local Property Tax should be deductible in a similar manner to commercial rates. Despite the fact that the Government has accepted this recommendation in principle no further details of when and how this deduction will take effect have been made available.
The net profit arising from a rental property is taxed at an individual’s marginal rate of tax being Income Tax plus PRSI plus Universal Social Charge.
In other words, tax is charged on the gross rents receivable less a deduction for all allowable expenses.
It is important to remember that a profit or loss computation must be carried out for each source of rental income.
The rental income on which tax is levied equals the total rental profits less the total losses from all rental sources combined.
Deductions in arriving at net profit include:
A deduction is also available for interest on monies borrowed for the purchase, or repair of the rental property.
For rented residential property, the allowable mortgage interest relief is restricted to 75% for the 2016 year of assessment and is dependent on the landlord registering the tenancy with the Residential Tenancy Board.
For the 2017 tax year, the mortgage interest deduction has increased from 75% to 80%.
The deductible amount will be increased by 5% every year from then on so that by 2021 100% of the mortgage interest will be deductable against the rental income received from qualifying residential lettings. In other words, the allowable rate will be 85% in 2018, 90% in 2019, 95% in 2020 and 100% in 2021.
The landlord may be able to claim 100% mortgage interest relief. To qualify they must:
a) rent out the residential property for three years to tenants receiving certain social housing supports and
b) be registered with the Private Residential Tenancies Board (RTB)
In situations where the rented residential property was purchased from the taxpayer’s spouse or civil partner, the interest will not be allowed as a deduction in computing the rental profits. This measure is aimed at preventing married couples and civil partners from generating interest by selling properties to each other and borrowing the necessary funds to do so.
In situations where a rental loss arises, it can be offset against the rental profit from another property. If there are insufficient profits for offset then it can be carried forward against future rental profits only.
The order of offset is very important. The landlord must use Capital Allowances first before offsetting the rental losses carried forward from an earlier year and it is not possible to carry rental losses back to a preceding tax year.
It is not possible to offset rental losses made by one spouse or civil partner against the rental profits of the other.
Losses arising from uneconomic rentals cannot be offset against other rental profits. Uneconomic rentals are defined as those where the expenses will always exceed the income of a particular rental source.
It is not possible to offset rental losses against income generated from other sources including salary, trade income, dividends, deposit interest, etc.
Please keep in mind that foreign rental losses can only be written off against foreign rental income.
The general rule in tax legislation is that any expense incurred prior to the first letting of a rental property is not allowable. The reason being, that such expenses are not deemed to be expenses that relate to a particular lease. Therefore expenses incurred on buying furniture, painting and decorating the property, etc. before the first letting by its current owner and before the first occupancy by the tenant will not be allowable deductions.
There are, however, two exceptions based on the decision in Stephen Court Limited v Brown (HC 198/2 No 293 S.S.):
a) Advertising or marketing costs connected with the first rental of the property and
b) The legal costs incurred in drawing up the first tenancy lease for the rental property.
If an individual rents a room or rooms in his/her sole or main residence and the gross income received does not exceed €12,000 for the 2016 year of assessment or €14,000 for 2017 onwards then no Income Tax, Universal Social Charge or Pay Related Social Insurance will be payable by that individual. In other words, if the rental income does not exceed the annual exemption limit in the year of assessment then the profit or loss arising on the rent will be deemed to be NIL.
Included in the annual exemption limits are payments from the renter/tenant for food, laundry or similar goods and services.
Where the income exceeds €12,000 in 2016 or €14,000 in 2017, the entire amount is taxable.
In situations where more than one individual is entitled to the rent, the annual exemption limit is divided between all the individuals concerned.
It is important to keep in mind that this relief is only available to individuals. In other words it does not apply to companies or partnerships which rent out residential properties.
This relief is available for both individuals who rent as well as individuals who own their own home.
Claiming Rent-a-Room Relief will not affect an individual’s entitlement to mortgage interest relief or Principal Private Residence Relief on the disposal of his/her sole or main residence.
Income from Rent-a-Room must be included in an individual’s annual Tax Return under “Exempt Income.”
The Rent-a-Room Relief will not apply where a child pays rent to a parent.
The Rent-a-Room Exemption is not compulsory. An individual may elect to have any rental profits or losses from this source assessed under the normal Case V Schedule D rules for rental income.
All individuals in receipt of rental income must declare this information in his/her annual tax return on or before 31st October in the year following the year of assessment.
If the rental profit is less than €5,000 it can be declared through the Form 12.
If, on the other hand, the net rental income is over €5,000 the individual will be obliged to register for Income Tax and declare his/her rental income in a Form 11 under the self assessment rules.
Where the landlord is non-resident and in the absence of an Irish resident Agent, the tenant(s) should deduct tax from the rent at the standard rate and pay this tax over to Revenue. The landlord will be entitled to a credit for the tax deducted by the tenant(s) and must file a Form R185 along with either a Form 11 or Form 12 depending on the amount of rental profit generated.
If, however, the landlord has engaged the services of a Tax Collection Agent in Ireland, this Irish resident individual will be responsible for filing the relevant tax return and submitting the appropriate tax payment on the landlord’s behalf.
Please be aware that the information contained in this article is of a general nature. It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

Spanish Tax Advice. Personal and Income Tax. Spanish Tax Compliance. International and Cross Border Tax Services for residents, non-residents, employees, individuals, etc.
The Spanish system has two types of Personal Income Tax: (i) PIT for Spanish resident individuals and (ii) NRIT for individuals who are not resident in Spain. Spanish resident individuals are generally liable to PIT on their worldwide income wherever it arises Non-resident individuals are chargeable to NRIT on their Spanish source income only.
An individual is liable to Spanish tax based on his or her residence.
An individual is deemed to be Spanish resident if he or she spends more than 183 days in the tax year (i.e. the calendar year) in Spain or if the individual’s main centre of business or professional activities or economic interests is located in Spain.
It is important to bear in mind that temporary absences from Spain are ignored when calculating the number of days for the purposes of establishing residency except where tax residence in another jurisdiction can be proven.
Where the individual does not satisfy the above 183 day rule, he or she will not be considered Spanish tax resident for the calendar year in question and as a result, Spanish source income including capital gains will be liable to NRIT.
In situations where an individual may be deemed to be tax resident in two jurisdictions in the same tax year, it is essential that the individual consult the relevant Double Taxation Agreement to establish what relief or exemption from Spanish Tax may be available.
Generally speaking, the credit for Spanish tax withheld on foreign source income and capital gains tax will be the lower of:
a) Actual foreign tax withheld on the foreign source income which is equivalent to the Spanish PIT or NRIT
b) Average effective PIT rate applied to the foreign source income taxed in the other jurisdiction.
Individuals must file a Tax Return and pay the relevant taxes within six months of the end of the calendar year i.e. 30th June following the year end, being 31st December.
Married couples may elect to file their tax returns either jointly or separately.
There are strict filing deadlines for non-resident individuals. Please be aware that there are no deadline extensions available.
There are a number of penalties to consider including:
a) Penalties for the underpayment of taxes range from 50% to 150% of the unpaid tax liability.
b) Penalties for the late payment of taxes range from 5% to 20% where such payments are made on a voluntary basis and not as part of an audit or investigation.
c) Statutory Interest on late payments will also apply.
Individuals entering Spain from outside the E.U., as either employees or self employed individuals, must obtain a work and residence permit prior to commencing their self employed or employment activity in Spain.
The Work and Residence permits are issued for a twelve month period.
It is possible to renew this permit two months in advance of its expiry date and always advisable to do so before the permit has expired.
For individuals entering Spain from E.U. member states, there is no requirement to possess a Work and Residence Permit.
For E.U., EEA or Swiss individuals who wish to remain in Spain beyond a three month period, they are required to register with the Spanish Authorities and obtain the Central Registry for Foreigners Certificate.
For general taxable income received by Spanish resident individuals, progressive tax rates ranging from 19% to 48% are applied. These rates depend on the Autonomous Community in which the individual is deemed to be tax resident. As a result, tax liabilities can vary from one autonomous region to another.
Dividends, Interest, Capital Gains and Savings Interest are taxed at the following rates:
Non resident individuals are taxed at a flat rate of 24% on Spanish source income. This rate is reduced to 19% for individuals who are tax resident in an EU member state or an EEA country with which there is an effective exchange of tax information treaty in place.
Income Tax is levied on the gross Spanish source income but there are no deductions or tax credits available for offset with the exception of certain expenses for E.U. tax resident individuals.
Investment income (i.e. Interest and dividends) arising for non resident individuals are liable to 19% tax although this figure may be reduced depending on the Double Taxation Treaties in place. It is important to bear in mind that Interest for EU residents in tax exempt.
From 2016 onwards Capital gains will be taxed at 19% if arising from the transfer of assets.
Royalty income is liable to tax at 24%
Pensions are taxed at progressive rates ranging from 8% to 40%.
As a general rule, all employees working in Spain must be registered with the Spanish social security administration. The employer is obliged to make employer and employee contributions depending on the category of each employee and social security contributions are paid on salaries/wages.
The general contribution rate for employees is 6.35%.
The general contribution rate for employers is 29.9% in addition to a variable rate for general risk.
These rates depend on the activities engaged in by the companies as well as the employee’s employment and educational category.
Inbound assignees may continue to make social security contributions in their home countries in line with International Social Security Agreements and E.U. regulations and as a result claim an exemption from paying social security contributions in Spain.
To qualify for the exemption E.U. nationals must obtain the necessary official certification from the relevant Social Security Authorities in their country of origin.
There are three situations in which an exemption from Social Security in Spain may be claimed:
For further information, please click: https://sede.agenciatributaria.gob.es/Sede/en_gb/irpf.html
Please be aware that the information contained in this article is of a general nature. It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.
Please be aware that the information contained in this article is of a general nature. It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

Income Tax, Corporation Tax, Capital Gains Tax, Revenue Compliance Interventions, Capital Acquisitions Tax, VAT.
Are you aware of how much has changed since 1st January 2017 in terms of Tax compliance, Tax Credits, Employee Subsistence Expenses, Personal/Income Tax, Corporation Tax, Capital Acquisitions Tax, Capital Gains Tax, Value Added Tax, PAYE, Stamp Duty, Transfer Pricing, Local Property Tax, Revenue Audit Procedures, etc.?
Here are a list of the Revenue eBriefs published so far this year:
Please be aware that the information contained in this article is of a general nature. It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.