Jointly Owned FHL Tax Responsibility

I jointly own an FHL with my wife. I fill in a self assessment tax form as I have pension income. My wife works with tax tax taken out at source and does not do self assessment. Can I declare all the income for the FHL on my form or is it a requirement that my wife should register for self assessment and we declare 50% each.

Hi Graham P,

I would advise you that if a husband and wife jointly own a property then the property is treated as split equally between the two spouses.
This will apply unless a valid declaration on Form 17 has been made.
You can find further information regarding jointly held property at TSEM9800 - Property held jointly by married couples or civil partners
I would also refer you to the guidance on our web site at  Self Assessment tax returns Who must send a tax return

Thank you.

Thank you for your reply. TSEM 9850 states that the 50/50 rule does not apply to income from furnished holiday lets. It goes on to say : 'If a spouse or civil partner carries on the activity alone: that spouse or civil partner is taxable on the income' I essentially run the FHL alone, therefore my understanding is that I should declare all the income on my self assessment form. Is my interpretation correct?

Hi,
 

Thank you for your question. You are correct that the 50/50 rule does not apply to FHL. Please accept my apologies for the fact that we previously advised you that it did. Your interpretation of TSEM9850 is correct. Thank you.