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HMRC revises landlord guidance, potentially impacting historic tax claims

HMRC has replaced long-standing guidance for landlords on refinancing and capital withdrawal, which could lead to unexpected tax demands for some and negligence allegations against advisers.

  • HMRC has updated its Business Income Manual (BIM45700) regarding interest relief on refinancing rental properties.
  • The new guidance reverses the outcome of a previous worked example, potentially affecting how interest on capital withdrawals is treated.
  • The changes could lead to landlords facing unexpected tax demands and professional indemnity insurers funding disputes.

HMRC has replaced long-standing guidance that accountants and tax advisers may have relied upon when advising landlords about refinancing and withdrawing capital. This change could lead to landlords facing unexpected tax demands if HMRC applies its revised interpretation to historic transactions.

Previously, HMRC's Business Income Manual included a detailed example illustrating how a landlord could refinance a rental property, withdraw capital, and still claim interest relief on the replacement borrowing. This example was also reproduced by the government's former Office of Tax Simplification.

The updated BIM45700, amended on 1 July 2026, removes this example and replaces it with one involving a similar transaction, but now states that the interest is not allowable. The new version omits calculations that previously helped distinguish between replacing business capital and financing additional private expenditure.

If this new approach is applied retrospectively, accountants and tax advisers may need to defend advice that was based on HMRC's former guidance. Their professional indemnity insurers may also be asked to cover the costs of investigating and resisting claims.

Why this matters: The change in HMRC's guidance could create retrospective tax liabilities for landlords and expose professional advisers to negligence claims for advice given under the previous interpretation.

What this means for you: If you are a landlord who has refinanced a rental property and withdrawn capital based on previous HMRC guidance, you could face unexpected tax demands.

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