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Posted Wed, 11 Dec 2024 11:51:16 GMT by Ami O
Both myself and husband own a property which is rented out.
The property was bought as a long term investment for retirement.
My husband paid the initial deposit, and the rest of the purchase was by mortgage in my name.
I have taken 100% of the rental income to cover this over the years.
The mortgage is now paid and I want to transfer the rental income to my husband as this will serve as his retirement income, as I will receive a works pension.
What forms do I need to complete this, and for self assessment purposes can the change only take effect from the date the forms are completed, or from the date he started receiving the rental income.
Posted Thu, 12 Dec 2024 17:10:08 GMT by HMRC Admin 13 Response
Hi Ami O,
As you have stated that you solely own the property (having paid the mortgage) the starting point is that 'whoever has beneficial ownership of the property has beneficial ownership of the income'.
Please refer to the guidance held at: TSEM9160 - Ownership and income tax: legal background: ownership - income follows property - HMRC internal manual.
Due to the fact that the property is not held 'in joint names' then you would not have to make a formal Form 17 election.
Please therefore refer to the following guidance in respect of  making a declaration of trust (to declare your own and your husbands beneficial interests in the property).
This would then enable you to transfer all/part of the rental income to your husband.
TSEM9520 - Ownership and income tax: express trusts - written declaration - HMRC internal manual
Thank you.
 

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