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Posted Tue, 26 Mar 2024 12:12:03 GMT by D Le
I have 2 property's which I let out. One bought before I was civil partnered and one bought after. Only my name is on both property deeds and wish that to remain the case. I would like to give the income from two of the property's to my civil partner who is not working. I wish to retain ownership of both property's. 1 can i give the income from 2 property's to my partner? 2 can any expenses for the property's be assigned to her income tax self assessment? 3 is the form i need to give to hmrc a deed of assignment? 4 where can i get the deed of assignment wording? 5 is there any other document i need to fill in? there seems to be much conflicting information on the various forum threads so i would really appreciate the definitive advice from you given my particular circumstances. thanks
Posted Wed, 27 Mar 2024 09:44:42 GMT by HMRC Admin 25
Hi Dorothy Le Grove,
You cannot just transfer rental income to a spouse or civil partner if the properties are deemed to be owned solely by yourself.
You have to legally transfer all or a share of the ownership of the property and this has possible capital gains implications when the property is sold. The transfer of the asset would normally have to be done by transferring the asset through a land registry application in these circumstances. 
Thank you. 
Posted Wed, 27 Mar 2024 09:50:21 GMT by D Le
Thank you. My understanding was that if one of the flats was bought after we were civil partnered then my partner was deemed to have an interest in the property and as such could take at lease 50% of the income?
Posted Wed, 03 Apr 2024 12:38:34 GMT by HMRC Admin 25
Hi D Le,
The deemed 50/50 is for jointly owned properties. 
TSEM9846 advises; A couple could accept the standard 50/50 split for jointly held property, even if one spouse or civil partner holds 90% of the capital and income and the other spouse or civil partner holds 10%.
As you have sole beneficial ownership of the property you have sole beneficial ownership of the income.
TSEM9846 - Property held jointly by married couples or civil partners: Form 17 rule: declaration is optional
Thank you. 

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