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How to register old tenancies with PRTB?

  • 14-06-2013 5:17pm
    #1
    Registered Users, Registered Users 2 Posts: 3


    After some illness and unemployment, I am hoping to clear some of my outstanding debts. Number 1 is revenue. I have had a tenant in the house since Aug 2012 and can easily register that tenancy. But I have had tenants prior to that dating back to 2009, and I dont know if I can register those old tenancies separately, even though they are no longer in the house, and also, if I can register the old one concurrently with the latest one?
    Hoping to do everything properly (finally) but cant afford to pay the tax without deducting the mortgage interest


Comments

  • Registered Users, Registered Users 2 Posts: 341 ✭✭discodavie


    stresstest wrote: »
    After some illness and unemployment, I am hoping to clear some of my outstanding debts. Number 1 is revenue. I have had a tenant in the house since Aug 2012 and can easily register that tenancy. But I have had tenants prior to that dating back to 2009, and I dont know if I can register those old tenancies separately, even though they are no longer in the house, and also, if I can register the old one concurrently with the latest one?
    Hoping to do everything properly (finally) but cant afford to pay the tax without deducting the mortgage interest

    You only need to register tenants you have currently in your property.

    If tenancies have come and gone forget about them. But catch up on any ones you haven't registered as soon as you can.


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    stresstest wrote: »
    After some illness and unemployment, I am hoping to clear some of my
    Hoping to do everything properly (finally) but cant afford to pay the tax without deducting the mortgage interest

    You didn't do things properly and now will have to face the consequences. You wont be able to deduct the mortgage interest, plus you will owe significant penalties for late declaration.

    Im sorry you were ill but its not an excuse.


  • Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    discodavie wrote: »
    If tenancies have come and gone forget about them. But catch up on any ones you haven't registered as soon as you can.

    As indicated by D3PO, non-registration has serious implications, although there may be little that can be done with historical tenancies.

    OP, the only positive point in this experience is that you should be able to write off your medical expenses (see if revenue will accept a broad interpretation of this) and if you had no other income, your tax credits will off-set a lot of the income tax liability. Also look at capital allowances.

    It may be useful to talk to an accountant, but make sure you find out their costs first, to make sure this is a sensible approach.


  • Registered Users, Registered Users 2 Posts: 19,048 ✭✭✭✭murphaph


    There's a thread on askaboutmoney about this and one of the accountants there says he has clients who have registered "old" tenancies by simply paying the late fee. Apparently the law is so badly written that the PRTB have no greater sanction to impose than the late fee and once you have registered your tenancies then you have the right to claim mortgage interest relief (75%) on your tax returns. It's a loophole basically.


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    murphaph wrote: »
    There's a thread on askaboutmoney about this and one of the accountants there says he has clients who have registered "old" tenancies by simply paying the late fee. Apparently the law is so badly written that the PRTB have no greater sanction to impose than the late fee and once you have registered your tenancies then you have the right to claim mortgage interest relief (75%) on your tax returns. It's a loophole basically.

    I'm not so sure. The late fee is to register a current tenancy late.

    Its a possible loophole but I wouldn't want to test it out with revenue unless you know of people that have done it been audited and found to be in the clear.


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  • Registered Users, Registered Users 2 Posts: 4,113 ✭✭✭relax carry on


    D3PO wrote: »
    I'm not so sure. The late fee is to register a current tenancy late.

    Its a possible loophole but I wouldn't want to test it out with revenue unless you know of people that have done it been audited and found to be in the clear.

    So long as the prtb registration certificate covers the period where the interst is claimed as a deduction then it doesn't really matter. If the PRTB provide the information to back up the interest claim, then its usually not worth the argument unless it forms one element of a larger compliance/fraud issue.


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