In 2015, months before Section 24 became law, Property118 founder Mark Alexander met officials at HM Treasury responsible for the policy and raised concerns about how landlords might restructure their businesses if the new tax rules made existing models commercially unviable.

The discussion included reference to the Elizabeth Moyne Ramsay case and the potential relevance of Section 162 incorporation relief, a statutory provision allowing a genuine business to transfer its assets to a company without an immediate capital gains tax charge.

The point is not that policymakers endorsed any particular restructuring approach. The point is that the structural consequences of Section 24 were being raised openly with officials while the legislation was still moving through Parliament.

The timeline below sets out how the debate unfolded.

July 2015: the Summer Budget announcement

On 8 July 2015 the government announced a major change to the tax treatment of finance costs for individual landlords. The policy replaced the deduction of mortgage interest with a basic rate tax credit.

For landlords with higher borrowing levels, the immediate concern was clear. Tax could be calculated on income before interest costs were fully deducted.

The parliamentary record of the announcement can be read in Hansard: Summer Budget 2015 – Hansard record

Summer 2015: the sector begins analysing the consequences

The announcement triggered immediate debate across the property industry. Landlords, accountants and advisers began examining how the policy would interact with existing tax legislation.

Property118 quickly became one of the platforms where landlords were openly discussing the implications of the policy and analysing possible responses.

Those discussions included the Elizabeth Moyne Ramsay case and the question of whether property letting activity could constitute a business for tax purposes, an issue closely linked to the availability of Section 162 incorporation relief.

Examples of those early discussions can still be seen in the comment threads responding to the Summer Budget announcement: Summer Budget 2015: landlord reactions on Property118

September 2015: meeting with Treasury officials responsible for the policy

By September 2015 the debate had moved beyond commentary. Mark Alexander attended a meeting at HM Treasury to discuss the practical implications of Section 24.

The meeting involved two officials working on the policy affecting residential landlords:

Megan Shaw, an HMRC policy lead responsible for the residential property finance cost changes introduced through the Finance (No.2) Act 2015.

Sean Rath, a tax policy official involved in the development of legislation during that period.

Alexander says the discussion included the Elizabeth Moyne Ramsay case and the relevance of Section 162 incorporation relief for landlords who might need to reorganise their businesses if the economics of operating personally changed.

A contemporaneous reference to the meeting can still be found in the Property118 comment archive: Property118 comment referencing the Treasury meeting with Sean Rath and Megan Shaw

Independent context for Megan Shaw’s role can also be seen in a professional tax body publication describing her as HMRC policy lead for the Finance (No.2) Act 2015 residential property finance cost changes: ATT Property Tax Voice – December 2015

October 2015: meeting with George Freeman MP

On 2 October 2015 Alexander met George Freeman MP and later published a summary of the discussion.

In that article he also recorded that he had already met Megan Shaw and Sean Rath at the Treasury while preparing briefings on the policy implications.

My meeting with George Freeman MP – Property118

2015: landlord evidence submitted to Parliament

During scrutiny of the Finance Bill introducing Section 24, written evidence submitted to the Public Bill Committee included contributions linked to Property118 participants.

The evidence included examples based on information said to have been received by Megan Shaw at HMRC, illustrating how the policy might affect landlords in practice.

Finance Bill Committee written evidence (FB04)

2015–2016: HMRC policy papers acknowledge potential incorporation

When the government introduced the finance cost restriction for landlords, HMRC also published a Tax Information and Impact Note explaining how the policy might affect behaviour within the private rented sector. Such documents are designed to assess how taxpayers may respond to new legislation.

In this case HMRC acknowledged that some landlords might change the structure of their property businesses, including the possibility of operating through companies rather than personally.

This observation appeared in the official policy paper accompanying the legislation:

Income Tax: restriction of finance cost relief for landlords – HMRC policy paper

The significance of this document is straightforward. It demonstrates that the potential for structural changes within the landlord sector was recognised by HMRC itself during the introduction of Section 24. In other words, the possibility that landlords might reorganise their businesses, including through incorporation, was not an unforeseen development. It was part of the policy context from the beginning.

2017 to 2020: Section 24 phased into full effect

The mortgage interest restriction was implemented gradually over four tax years. The first stage took effect in April 2017, with further reductions in allowable finance cost deductions each year.

By April 2020 the new system was fully in place, with finance costs replaced entirely by a basic rate tax credit.

2017: Office of Tax Simplification examines landlord incorporation

As the impact of Section 24 began to emerge, the Office of Tax Simplification (OTS) examined the taxation of property income and the behavioural responses landlords were considering.

In its review the OTS noted that the restriction on finance cost relief had created a significant incentive for some landlords to consider operating through companies rather than personally.

The report recognised that incorporation was becoming an increasingly discussed structural response within the sector.

Office of Tax Simplification – Review of the taxation of property income

The OTS analysis confirmed that the restructuring implications of Section 24 were not theoretical. They were already influencing how landlords were thinking about the future structure of their businesses.

HMRC GAAR guidance: choosing between statutory tax structures

UK tax law also recognises that taxpayers may legitimately organise their affairs using the framework created by Parliament.

HMRC’s own General Anti-Abuse Rule guidance explains that choosing between different statutory tax treatments is not, in itself, abusive.

Part D 2.2 of the GAAR guidance describes this principle as “Legislative Choice”, explaining that taxpayers are entitled to choose between alternative tax outcomes created by legislation.

HMRC GAAR guidance – Part D2.2 Legislative Choice

This principle reflects a simple point. Where Parliament provides a statutory framework, including reliefs such as incorporation relief, taxpayers are entitled to operate within that framework when organising genuine commercial activities.

2022: the OTS reviews residential landlords, and the incorporation trend is part of the context

By 2022, the incorporation question had moved from industry debate into mainstream policy review.

On 1 November 2022 the Office of Tax Simplification published its Property income review: Simplifying income tax for residential landlords, a wide-ranging review of how residential property income is structured and taxed, including sections on ownership and financing.

The report does not present incorporation as a loophole. It treats the difference between personal and corporate ownership as part of the landscape landlords have to navigate, including the fact that companies and individuals are taxed under different rules for finance costs following the introduction of Section 24.

OTS Property income review (HTML on GOV.UK)

OTS Property income review (PDF)

Professional commentary published shortly after the report made the point explicitly, noting that the tax rules have led to increasing numbers of corporate owners. That matters because it supports the obvious conclusion that incorporation became a recognised behavioural response to the post-Section 24 tax framework, not a later invention.

Commentary: “Simplifying income tax for residential landlords” (PKF Francis Clark, first published in Taxation)

Why this timeline matters

This chronology shows that the restructuring implications of Section 24 were foreseeable and were being discussed from the moment the policy was announced.

Those discussions were not hidden. They took place in public commentary, in parliamentary evidence and in meetings with policymakers while the legislation was still being developed.

The purpose of setting out the timeline is not to claim that policymakers endorsed any particular approach. It is simply to show that the structural consequences of Section 24 were raised openly and transparently from the beginning.