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Posted Wed, 21 Feb 2024 13:44:12 GMT by
Hi - My wife and I jointly own three buy-to-let properties. Two of the mortgages are under her name, the other mortgage is under both of us. Currently we declare income and expenses based on a 50-50 split. However, given that I pay a lower rate of tax than my wife, we wish to explore the possibility of using Declarations of Trust / HMRC Form 17s to move 100% of the income under me. If we were to do this, could I claim the full mortgage interest tax credit (i.e. based on 20% of our combined mortgage payments)? Even though only one of the mortgages is (partly) under my name? Many thanks.
Posted Thu, 22 Feb 2024 07:03:36 GMT by HMRC Admin 25 Response
Hi fostert48,
Please refer to:
TSEM9520 - Ownership and income tax: express trusts - written declaration
For details on how to make a written declaration of trust.
Mortgage relief can only  be claimed by the person whose name the mortgage is in, if your wife gives you 100% share as a beneficiary they are no longer a beneficiary of the rental income and no-one can claim mortgage tax relief.
For properties that are jointly owned a change in beneficial interest can be made on Form 17, please refer to:
TSEM9800 - Property held jointly by married couples or civil partners: contents
And onwards.
Thank you. 

 

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