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EXPLANATORY NOTE CLAUSE 82: RELIEF FOR INTEREST ON LOANS TO BUY ANNUITIES SUMMARY 1. This clause changes the mortgage
interest relief legislation in so far as it applies to life annuity
loans (sometimes referred to as "home income plans"). For
loans in existence on 9 March 1999 (and remortgages of such loans
entered into after 27 July 1999) that still qualify for relief these
changes will fix the rate of relief at 23 per cent and the limit at
£30,000 with effect from 6 April 2000. _________________________________ DETAILS OF THE CLAUSE 2. Subsection (1) amends
subsection (3) of section 365 of the Income and Corporation Taxes
Act (ICTA) 1988. The amendments fix the qualifying maximum, which
is currently £30,000, at £30,000 for 2000-01 and later years. 3. Subsection (2) amends
subsection (1G) of section 353 of ICTA 1988. The amendment has the
effect of fixing the rate of relief under section 353 at 23 per cent
rather than at a rate equal to the basic rate of income tax. 4. Subsection (3) amends
subsection (1A) of section 369 of ICTA 1988. The amendment has the
effect of fixing the rate of relief under section 353 at 23 per cent
rather than at a rate equal to the basic rate of income tax. 5. Subsection (4) is a commencement
provision. The changes apply for 2000-01 and later years. _________________________________ BACKGROUND Life annuity loans 6. Relief is available for interest
on certain loans made to people aged over 65 and used to buy a life
annuity if the loan is secured on their home. These loans usually
form part of a home income plan. Interest on these loans qualifies
for relief to the extent that the loan does not exceed the qualifying
maximum of £30,000. Relief on these loans is given at the basic rate
of income tax. Most borrowers receive their relief through the MIRAS
(Mortgage Interest Relief at Source) scheme, which is operated by
the lenders. Borrowers pay a reduced amount of interest, reflecting
the gross interest which they are liable to pay less the tax relief
due, and lenders recover an amount equal to the tax relief from the
Inland Revenue. Borrowers whose loans are not in MIRAS get relief
by way of an "income tax reduction" made through a PAYE
coding adjustment or in an assessment. 7. Relief for life annuity loans
was withdrawn in the 1999 Budget. However individuals with a qualifying
loan in existence on 9 March 1999 continue to get relief so long as
certain criteria are fulfilled. Holders of such loans may continue
to receive relief if they enter into a remortgage so long as the new
loan meets certain conditions. 8. These changes fix the rate at
which relief is given on these loans at 23 per cent, rather than letting
it fall with the basic rate of income tax to 22 per cent. The £30,000
limit is also being fixed so it no longer has to be reset each year
in the Finance Act. 9. There are approximately 15,000
life annuity loans currently in existence which qualify for tax relief
on the interest paid. 10. The tax relief is worth about
£45 a month at a typical interest rate of 8.2 per cent. (8.2 per cent
is used as this is typical of the fixed rates available for these
loans.) 11. The total cost of the relief
for life annuity loans is about £5 million a year. _____________________________________________________ |
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