Can the landlord charge the tenants apartment management fees?

Olivia9

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Hi everyone, seeking for the advice as I can’t find the info anywhere. I am considering to buy an apartment as an investment. A lot of them now have a rental cap. It would still work out for me profit wise if I ask the tenants to pay the management fees. Is that a legal thing to do?
 
I can see some confusion in the landlords and tenants thinking. Furthermore, there is confusion in anybody looking in. @Knuttel is asking the main question - What if any of the utilities (or even a per cent thereof) is allowable in the Landlord's income tax return to Revenue?

There is the other question:- Is the tenant liable for all the utilities charges eventhough the bills are in the landlord's name?

Let's develop the subject a bit further:- Who is liable for the television licence? Who pays for internet access?

I reckon there must be laws governing the answers.
 
There's a huge difference between having an expense refunded and claiming a tax deduction on it.
Why? the end result is pretty much the same,I get cash back in first instance and I pay less tax in the last instance by writing off the full cost of mgt fee.

What's the huge difference?
 
Hi everyone, seeking for the advice as I can’t find the info anywhere. I am considering to buy an apartment as an investment. A lot of them now have a rental cap. It would still work out for me profit wise if I ask the tenants to pay the management fees. Is that a legal thing to do?
Why not just charge them the headline rent that you set and then you apportion some of that to your own costs (e.g. management fees, insurance, maintenance costs, tax etc.)? In setting the rent you factor in things such as your overheads, target yield etc. (Obviously RPZ, if applicable, could be a restricting factor here). If the success or failure of your intended investment hinges on charging the tenants the management fees (explicitly or in kind) then you might want to carefully analyse and stress test your business plan.
 
LLs typically write it off against tax so not sure I see a benefit.

The door costs €1,600

If the landlord leaves the old door as is there is no cost to the landlord.

If the landlord pays for the door and deducts the cost as an expense against tax, the net cost (assuming a 50% tax rate) to the landlord is €800.

If the landlord pays for the door but does not deduct the cost as an expense as it is capital expenditure (which I suspect is the correct treatment) the landlord cannot make a tax deduction and so the net cost is €1,600

A SF spokesperson made a comment similar to yours on the radio recently about interest costs. There is a thread somewhere hereabouts on it.

I see it linked in post 6 above by moneymakeover.
 
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Let's develop the subject a bit further:- Who is liable for the television licence? Who pays for internet access?

The occupier is liable for the TV licence,but there is no reason why the landlord cannot pay it as part of the service provided and treat the cost as tax deductible.

The RTB registration asks who is paying for TV licence, electricity etc.
 
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If the landlord pays for the door but does not deduct the cost as an expense as it is capital expenditure (which I suspect is the correct treatment)
No. Replacing a door is in almost all cases a cut and dried P&L expense.

Knocking a big lump out of a wall to create a new doorway and installing a door in it would be capital expenditure, as it's adding something that was not there previously.
 
No. Replacing a door is in almost all cases a cut and dried P&L expense.

Knocking a big lump out of a wall to create a new doorway and installing a door in it would be capital expenditure, as it's adding something that was not there previously.
Have you any reading for me on this. I replaced windows in 2022 and and I am advised that this is a capital item. The old windows were timber framed and draughty, the new windows are PVC.
 
Have you any reading for me on this.
Not readily but it should be in any basic tax textbook.
I replaced windows in 2022 and and I am advised that this is a capital item. The old windows were timber framed and draughty, the new windows are PVC.
If there's an element of improvement there, it's arguable that it should be treated as capital. That's said if the old door was defective (which these things usually are if they're being replaced) I think it is easily arguable that it's merely a replacement and doesn't add anything to the value of the house. It's not as if a PVC door is any dearer or more sought after these days than a timber framed one is.
 
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Have you any reading for me on this. I replaced windows in 2022 and and I am advised that this is a capital item. The old windows were timber framed and draughty, the new windows are PVC.
Who advised you by the way? (just curious generally, no need to identify any individual).
 
Who advised you by the way? (just curious generally, no need to identify any individual).
I usually do my own returns, but as I had some other business with a local accountant and a big spend with a builder which included installing an extra bathroom, new pic windows to replace old timber ones, and painting the entire. I thought I would ask him to do my return. He is adamant that the windows are capital expenditure. I feel that is easy for him to say. I am not convinced he is trying too hard.
 
What has marginal rate of tax got to do with it? I'm writing 100% of the management fee off against tax.
You are writing 100% of the management fee off against income and then calculating the tax due on the net income.
 
Why? the end result is pretty much the same,I get cash back in first instance and I pay less tax in the last instance by writing off the full cost of mgt fee.

What's the huge difference?
How is 100% reimbursement of any outlay, and the same outlay net of tax, the same?
 
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Afaik, legally, estate/letting agents can't charge buyers or tenants a finders fee.

Which regulation in residential lettings prohibits recharging management fees or any other fees directly associated to a dwelling? Is it not just the deposit amount that is fixed by legislation?
 
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