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Posted Thu, 16 May 2024 21:24:59 GMT by Property Investor
My wife and I own our previous residence as joint tenants. We recently moved out of this place after staying here for 8 years and are about to let it out. Now I would like to setup a deed of trust assigning to my wife 100% beneficial interest in this property so she wholly receives the rental income. Does this require an update to land registry? Please could you point to links that explain how I go about this?
Posted Mon, 20 May 2024 11:11:04 GMT by HMRC Admin 2 Response
Hi,

If the property is owned jointly you are treated as having an equal share (50:50) in the property, therefore any rental income received must be split and taxed in equal shares. For your wife to have 100% beneficial interest in the property you will need to complete a form 17 to declare your unequal split and obtain a deed of trust and send both to HMRC.  

TSEM9800 - Property held jointly by married couples or civil partners: contents
TSEM9848 - Property held jointly by married couples or civil partners: Form 17 rule: beneficial interests

You can find form 17 here:

Declare beneficial interests in joint property and income

For land registry questions, you would need to contact HM Land Registry.

Thank you.

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