Tenant leaving rental property in RPZ - Options?

Is there a mortgage on the property? In order to offset your mortgage interest on your tax return, the property is required to be registered with the RTB.
 
Is there a mortgage on the property? In order to offset your mortgage interest on your tax return, the property is required to be registered with the RTB.
That's not actually true.

If there's no need to register in the first instance, there is no breach of the Residential Tenancies Act from non-registration and hence no adverse impact on the mortgage interest deduction.
 
I would point out that my accountant disagrees 100% with @T McGibney in this regard.
Your "accountant" is wrong. As are you.
The relevant Revenue Tax & Duty Manual clearly lists the categores of residential lettings where
there's no need to register in the first instance,
and
there is no breach of the Residential Tenancies Act from non-registration and hence no adverse impact on the mortgage interest deduction.
viz.

1. Introduction

Entitlement to a deduction for interest paid on borrowed money employed in the purchase, improvement or repair of a rented residential property is provided for in section 97(2)(e) Taxes Consolidation Act 1997 (TCA).

The deduction is conditional on compliance with the registration requirements of the Residential Tenancies Act 2004 (the 2004 Act) in respect of all tenancies which exist in relation to the property in the year of assessment or accounting period in question.

2. Persons who are required to register

The 2004 Act applies to the vast majority of private rented dwellings situated in the State. Dwellings outside the State are outside the scope of the Act.

Landlords are generally required to register details of their residential tenancies withthe Residential Tenancies Board (RTB – previously the Private Residential Tenancies Board) including, for example, where the tenancy relates to a self-contained residential unit in the landlord’s own residence. However, the requirement to register a tenancy does not apply where the landlord and tenant are sharing the same self-contained unit. Section 3 of the 2004 Act lists the types of dwellings that are excluded and in respect of which there is no requirement to register tenancies.

The main exclusions include:
 business premises;
 former rent-controlled dwellings;
 a dwelling occupied under a shared ownership lease;
 a tenancy where the landlord and tenant share the same self-contained unit;
 a dwelling in which the spouse, parent or child of the landlord is resident and where there is no written lease or tenancy agreement;
 holiday lettings;
 a dwelling let by, or to, a public authority.

The onus is on a landlord to ascertain whether they are excluded from the requirement to register tenancies
 
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Not sure why you choose to put the word accountant in quotes.

Would be interested to hear from anyone who claims mortgage interest relief & is not registered with RTB.
 
Not sure why you choose to put the word accountant in quotes.
Because I'm surprised that an actual working accountant (as opposed to a lad that you might meet in the barbers or down the pub and who happens to do a bit of bookkeeping in the local hospital) would choose to "disagree 100%" with Revenue guidance as set out in a current Tax & Duty Manual.
 
My understanding is the same as yours Dannyboy, and my reading of the various quotes at post #25 only reinforces this. What am I missing? There are exclusions to the requirement to register tenancies in order to claim the deduction for interest. None of them seem to apply to the OP and they definitely don’t apply to me as a landlord. I’m pretty sure you have to tick a box on form 11 confirming that your tenancy is either registered or exempt.
 
None of them seem to apply to the OP and they definitely don’t apply to me as a landlord.

They'll apply to you if you meet the criteria listed in the Tax and Duty Manual.

Of course they will apply to only a small subset of people at any given time but nevertheless I think they're worth highlighting. They might well help get some people out of the trap that the RPZ legislation has set for them.
 
Sorry if I missed this. If it is in Dublin you could pick up a few shillings renting it out to the Swifty fans, Garth Brooks, The Boss, All Ireland, Notre Dame type events....
 
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