Clarity on Deed of Assignment/Declaration of Trust, Form 17, and Rental Income Transfer

Dear HMRC, I am seeking clarification on the process of transferring rental income from a property I own, as I have encountered some confusion and mixed messages in previous threads and from different HMRC Admin responses. Context I am the sole owner of a leasehold property and declare all the net rental income on my self-assessment tax return. I intend to transfer 100% of the rental income to my wife, who would then declare the income on her self-assessment. I understand this involves transferring the beneficial interest in the property, but not ownership. Having reviewed similar queries, I believe a Deed of Assignment (or Declaration of Trust) may be needed to transfer the beneficial interest. However, I have some specific questions and would appreciate your guidance: 1. Deed of Assignment/Declaration of Trust: As I am the sole owner, I assume I would need a Deed of Assignment or Declaration of Trust to transfer the beneficial interest and rental income to my wife. Which document do you prefer I use? Is there any difference between the two, or can either serve the same purpose? Can I prepare the document myself, or should I consult a solicitor? Also, do I need to submit this document to HMRC, or is it sufficient to keep it for my records? 2. Form 17: Since I am the sole owner and not jointly owning the property with my wife, I understand that Form 17 does not apply. Could you confirm that I do not need to submit Form 17, and that I can allocate the income directly to my wife without this form? 3. Bank Account for Rental Income: Does the rental income need to be paid directly into my wife’s bank account to validate the transfer, or can it remain in my account with the income formally allocated to her for tax purposes? 4. Income and Expenses on Self-Assessment: As my wife will declare the rental income on her self-assessment, can she include all relevant expenses (e.g. maintenance, repairs, expenses, mortgage interest) in her return, even though I will pay these expenses directly? 5. Trust Registration Service (TRS): If we use a Declaration of Trust to transfer the beneficial interest, does this need to be registered with the Trust Registration Service (TRS) for anti-money laundering purposes? If so, could you clarify the registration requirements? For context, my wife and I are civilly married, which I assume does not affect the process. Thank you for your time and assistance. I would greatly appreciate it if you could kindly respond to all five of my questions. This will ensure clear guidance for both myself and others in a similar situation. You can respond by simply stating the question number followed by your answer. Best regards, Belal Ahmed

Hi,
HMRC have no preference on the document used however, more guidance on the requirements can be located at  TSEM9520 - Ownership and income tax: express trusts - written declaration
HMRC  cannot advise you whether or not to use a solicitor, however, the simple requirement for the document are set out in the guidance provided.
Please keep this document in your records, although HMRC may not require it immediately, it may be requested at a later date. 
As the property is not held in joint names a Form 17 is not required. 
HMRC cannot provide guidance on where the funds are kept, this is a forum for general queries. 
Your wife will include the expenses in the proportion of the share she owns in the property, if this is 100%, she would include 100% share of the expenses. 
Most types of trusts giving an interest in property to somebody who is not the legal owner now need to be registered with HMRC via the Trust Registration Service.
You can find guidance on the registration requirements and how to register here Register a trust as a trustee.
There is also more information about what type of trusts need to be registered at TRSM23050 - Types of trust that need to be registered: contents: excluded express trusts: contents: property ownership.
Thank you.