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Posted Fri, 09 Feb 2024 16:55:35 GMT by
Hello! Thank you HMRC for this forum -- lots of useful detail, but I would like to ask about a particular case. My wife wholly owns (with a mortgage) a property which is currently let. We will likely use a declaration of trust to assign the beneficial interest in whole or part to me, which I will declare on my annual return. My questions: In the event she assigns 50% to me, is she able to expense all the relevant expenses (including mortgage relief) herself, in the event she incurs all of the expenses? Or are they capped at 'her 50%' or whatever % is assigned to her? If 100% of the income is sent to me and I take on the costs, may I expense them (excepting the mortgage relief which is in her name)? Must the rental income assigned to me come directly to my bank account, or can she receive the money in her account and give to me? Could the rental income be sent to a joint account? Does it matter which bank account it goes to at all? Thank you very much.
Posted Wed, 14 Feb 2024 12:33:44 GMT by HMRC Admin 8 Response
Hi,
Please refer to:
TSEM9520 for details on how to make a written declaration of trust. Taxation of income is based on beneficial ownership:
TSEM9305
TSEM9130
Therefore depending on the split of beneficial ownership you would declare this share of rental income and expenses.
Mortgage relief can only be claimed by the person whose name the mortgage is in however if your wife gives you 100% share as a beneficiary they are no longer a beneficiary of the rental income and no-one can claim the mortgage tax relief.
You can choose what bank account the rental income is paid into, single or joint.
Thank you.

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