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Posted Mon, 14 Oct 2024 16:34:16 GMT by Barry Solomons
I own 2 rental properties with my ex wife. I manage the properties and collect the rent. Are we jointly responsible for declaring the rental income?
Posted Mon, 21 Oct 2024 10:32:30 GMT by HMRC Admin 17 Response

Hi ,
 
Yes the legal share of the rental income should be declared on your actual share of ownership. 

So if you each own 50% you declare your half and your wife her half. 

You can leave your share of the legal ownership unchanged but change the beneficial ownership of the income so your ex-wife gets 0% and you get 100%.  To do that you both have to agree and establish a deed of trust. 

Please therefore refer to the following guidance in respect of  making a declaration of trust ,to declare your own and your ex-wifes’ beneficial interests in the property .

This would then enable your ex-wife to transfer all/part of the rental income to you.

TSEM9520 - Ownership and income tax: express trusts - written declaration    .

Thank you .

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