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    Introduction

    It’s only a small word but it looms very large in the thoughts and the nightmares of many of us. It was Disraeli who said that there are only two things in life that are certain…., “death and taxes”. The good news is that you don’t have to be quite so fatalistic. Like anything in life, you can be a victim, or you can make circumstances work for you. It always helps if you have a good accountan
    According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product
    t to guide you.

    I confess it is only belatedly that I’ve become acquainted with the intricacies of the taxation system. For years I managed without making a return. Not out of any deliberate plan to defraud. But just because I knew I wasn’t making any money. My mortgage payments were barely covered by the rental income and having not sold any property, there were no capital gains. So why trouble the poor
    ; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

    Examples of combination products may in
    overworked civil servants I thought!

    Then house prices went through the roof! I sold a few properties and realised some capital gains, investing most of it back into property. It was only when talking to a tennis friend, who turned out to be an accountant that I started to think I might need to explore the matter a bit more carefully. A holiday to Australia in which I took along a copy of the Zurich Tax H
    lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

    ndbook as a bit of ‘light reading’ convinced me that there might be a problem. I think it was the bit on ‘tax evasion’ being a criminal offence punishable by imprisonment that focused my thoughts. I resolved on my return to come clean. To my amazement, the tax system was not as penal or as complicated as I had feared. Now let’s look briefly at what the main taxes that affect a property investor are.

    My Ta
    here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
    Liabilities

    Tax liabilities for rental properties are assessed on the basis of income and capital gains. Firstly, let’s examine how liabilities derived from income are calculated. All income from land and property in the UK is taxed under Schedule A; that includes residential investments whether they are furnished or not. Income and expenses for tax purposes are assessed as a single letting business. So
    d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

    Combination pro
    ffectively if you have one or one hundred properties, Her Majesty’s Revenue & Customs (HMRC) take the total figure rather than looking at individual properties. Income is assessed by tax years ending on the 5th April. Schedule A income is treated as investment income. As such any losses can only be carried forward and offset against Schedule A income and not personal income such as a salary.

    Taxable profit
    ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc
    is the income that remains after all allowable expenses have been deducted. It’s always helpful to have a quick flick through the ‘revenues’ booklet IR150 in Taxation of Rents for detailed guidance. Like everything these days a copy is available to download from their website www.hmrc.co.uk

    In essence, your taxable profit is calculated by taking your annual rent and then deducting expenses. For convenience
    easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi
    HMRC separate expenses into 5 categories. These are:

    Legal & professional- Legal services for a remortgage, valuation fees, mortgage broker fees, landlord safety certificate costs, tenancy agreement costs, letting agent fees, admin cost to close a mortgage, membership fees to a professional body

    Repair, maintenance & renewals-redecoration costs, appliance repair charges, plumbing, electrical repairs, etc

    nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
    ent, rates, insurance, ground rents, etc -insurance, council tax charges, grounds rent

    Cost of services provided, including wages – cleaning, meals

    Other expenses –Telecom charges, utility bill costs, computer software, advertising costs, computer purchase (if used exclusively for the business – could be accounted as a capital allowance (see section on capital allowances below)

    What are my allowable expense
    and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ
    ?

    Repair and renewals Where a property is furnished or part furnished; rather than to claim as each renewal arises it is possible to make a single claim of 10% of rent as a ‘wear and tear’ allowance. This is accepted by the Revenue as broadly equivalent to the cost of normal renewals of furniture. Beyond the fittings, such as furniture there will be renewals and repair to the building e.g. repair to the ro
    ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
    f, bathroom and windows, etc. This raises a real taxation hornet’s nest. When does a renewal become an improvement? The latter is not an allowable expense against income (although it can be offset against capital gains - see later under Capital Gains Tax( CGT)).

    There is, as with many tax issues, a grey area of when a renewal becomes an improvement. It is largely a question of fact and degree in each case
    ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

    Following aspects would a
    hether expenditure on a property leads to an improvement and therefore become a capital expense. UPVC windows were considered for many years to be an improvement and therefore the expenditure counted as capital. However, in recent years HMRC have relented and accepted that UPVC is for most people the modern equivalent of wood and therefore is considered a renewal.

    Another example of the way the HMRC approac
    dd to the challenges in developing combination products:

    Which markets to tap where the combination products can do fairly well?
    Which combination prod
    the subject is their approach to the refurbishment of a fitted kitchen. For example, they consider that where a kitchen is refurbished, including work such as stripping out and replacement of base units, wall units, sinks, etc, retiling, work top replacements, repair to floor coverings and associated re-plastering and re-wiring. Provided that the kitchen is replaced with a similar standard kitchen then this
    cts are meaningful and rational?
    Which therapeutic categories to select?
    Which Combinations can address unmet needs of the patients?
    Do combin
    is a repair and the expenditure can be off set against income. If at the same time additional cabinets are fitted that increase the storage space, or extra equipment is installed; then this element is a capital addition and not allowable and the additional expense should be apportioned as a capital cost. If the standard units are replaced by expensive customised items using high quality materials, the whole
    tions increase the patient compliance?
    What would be the developing cost?
    How to tackle the risks encountered during combination product developmen
    expenditure is then judged to be capital.

    Loans and Interest
    Most people will have borrowed money to finance their investment. When accounting for these costs it is interest payments alone that are an allowable expense. This means where a loan is a repayment mortgage; only the interest element of the loan can be offset against rental income. It is also possible to offset other loans that have been ta
    t?

    As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
    en out for the business. For instance, when one has been raised to finance a new kitchen or extension of the rental property. It should be quite clear in these cases that the loan is specifically for the business and where possible documentary evidence should be available (just in case the revenue raises an enquiry on the matter). Therefore, if a loan is arranged, try to separate it off from your personal f
    ping new procedures for reviewing their safety, efficacy and quality.

    Professional from academic institutions, pharmaceutical industries, health care indust
    nances. This could be done by using it to set up a separate business account.

    Non – standard lettings

    So far I have referred to the tax treatment of a ‘standard’ buy-to-let property rented on an Assured Shorthold Tenancy. There are two categories of residential rentals that are treated slightly differently by the Revenue. These are where somebody rents a room in their house and a furnished holiday let.

    R
    y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
    nt a room

    Under this system a person is allowed to rent out a room in their own home without having to pay tax providing the rent is no more than ?4250 pa. If it is more than this, the taxpayer has the option to have the excess income (i.e. above ?4250) taxed as a Schedule A rental profit. Otherwise the entire rent will be taxed in the usual way on the profit from the gross receipts minus allowable expenses
    .

    As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de


    Furnished holiday lettings

    These are treated slightly differently to the Revenue from a standard residential let. This is because of the amount of management time involved and the relatively short rental periods. They are therefore are therefore classified as a business rather than an investment. Consequently a different tax treatment applies.

    To qualify as a holiday let the following criteria must be me
    elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

    Companies that provide selfless information through particip
    . The property must be:

    * Available for holiday let at least 140 days a year

    * Actually let for 70 days a year

    * Not occupied by the same person for over 31 days in 7 months

    The main advantage to landlords with a holiday let is that the activity is regarded as a trade and is assessed under Schedule D. Therefore, any losses can be offset against an individual’s personal income, which includes their salary


    tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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