Skip to main content

This is a new service – your feedback will help us to improve it.

Posted Wed, 04 Oct 2023 11:18:54 GMT by Sue Curious
Hello I have inherited a house jointly with my sibling which we intend to rent out between us. As I am a 40% tax payer and my husband has no income I would like to utilise my husband's income tax allowance. Can I still do this as the house is jointly owned with my sibling - 50% rental income each or do my sibling and I need to register as tenants in common? Or does how I hold the house with my sibling have no bearing on the taxation arrangement between my husband and I? I do not wish to add my husband to the deeds (though understand likely house will be joint marital asset) in order to utilise my husbands income tax allowance do I need to complete a deed of assignment, or declaration of trust and Form 17? Thank you
Posted Tue, 10 Oct 2023 12:23:22 GMT by HMRC Admin 17 Response

Hi,
 
Thank you for your question how you hold your property with your sibling doesnt affect the position as regards you and your husband.

For that purpose we would just be looking at your share of the property. 

If that share of the property is, as appears to be the case, owned solely by you then all of any profit arising would be assessable on you. 

It could only be split between your husband and yourself of you were joint owners of that share of the property. 

Where property is jointly owned by husband and wife the default position is that it is owned an dthe income shared on a 50/50 basis. 

For the income to be shared on any other basism a declaration would need to be made on Form 17 showing what theactual shares
of the ownership are and this would have to be suppoted by evidence such as a declaration of trust that the property is actually owned in those shares.


Thank you.

You must be signed in to post in this forum.