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Posted Sat, 06 Apr 2024 19:31:20 GMT by Fredddy
After marriage spouse received rental income from second home for a few years. Spouse was sole owner. Income was placed in partners bank account for dual use. Second home was sold. Who is responsible for capital gains tax and personal income tax on the second home ? Assuming it is the spouse, is there any way that the spouse's partner can be pursued for any of the tax liability arising? Cheers
Posted Wed, 17 Apr 2024 07:59:17 GMT by HMRC Admin 32 Response
Hi,

As your spouse was the sole owner of the property, they are the legal and beneficial owner of the property. This means that they are solely responsible for all the tax on income the property generates and capital gains tax that may arise from its disposal. It is only where the property is jointly owned by spouses and civil partners that the income and capital gains can be split 50/50 or by the proportions of beneficial ownership. It makes no difference that the income was placed in a joint bank account.  Any interest generated by the joint bank account can be split 50/50, as that is a separate matter.
Thank you.

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