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Posted Fri, 29 Nov 2024 15:23:09 GMT by Laura Plumb
I own a flat which I am arranging to sign over to my eldest child (adult). They currently live in the property and receive rent from their flatmates. This is their choice and I do not receive this income. Am I safe to exclude this from my self assessment return?
Posted Tue, 03 Dec 2024 11:32:43 GMT by HMRC Admin 19 Response
Hi,
As it stands you are the legal owner of the property and are required to declare the income accordingly. There is no choice involved regarding the income as it is yours, unless your son is a beneficial owner of the property and is entitled to a split of the income.
The only way for this is to change, is for a deed of trust to be prepared, signed, and witnessed showing how the property income is to be split. The date the deed is signed is the date when the rental income can be split into the percentage relevant to each of the beneficial interests of the owners.
Also, the property deeds would also require amendment to show you son is a beneficial owner of the property. To answer your question, you are liable for the income until a deed of trust is prepared. 
Thank you.

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