HMRC Admin 8 Response
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Re:Tenants in Common - Deed of Trust - Tax Returns
Hi,
If a property is held in joint ownership, for individuals other than married couples or civil partnerships, you don’t necessarily need to make a declaration to HMRC, although you may decide it is in your interests to hold a deed of trust or legal document.
Further information is avaialble:
TSEM9230 - Ownership and income tax: legal background: joint ownership - presumption of joint tenancy
You are correct that you will be required to declare your rental profits by completing a Self Assessment tax return.
Further information is available at:
Renting out your property Skip to contents of guide Contents
Thankyou. -
Re:FHL Expenses & Dates
Hi,
If you owe tax on your property income, we will collect it via your tax code unless you ask us not to.
Please see the guidance on page TRG14 of the tax return guide:
How to complete your tax return for Self Assessment
Thankyou. -
Re:losses available to be carried forward - is this cumulative
Hi Cablecar,
The general rule is that property losses are automatically carried forward and set against rental profits of the following year. The property business profit of the current year may be too small to give relief for all the loss of the previous year.
If so, the loss is carried forward to the next year, and so on indefinitely until relief can be given.
Further information is available at:
PIM4210 - Losses: setting losses against future profits
Thankyou.
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Re:Overpaid letting fees and refund
Hi,
Under the cash basis, the total amount of allowable expenses to be brought into account in calculating profits or losses are simply those paid during the year.
Further information is available at:
PIM1094 - Cash basis for landlords: receipts and expenses
Thankyou. -
Re:Tax return from jointly owned rental property
Hi,
You will be required to provide evidence that your beneficial interests in a property are unequal e.g. a declaration or trust.
Further information is available at:
Declare beneficial interests in joint property and income
Thankyou. -
Re:Duel-use property
Hi,
Properties need to meet the qualifying tests for furnished holiday lettings.
There is more information available at:
HS253 Furnished holiday lettings (2023)3
Thankyou. -
Re:Transferring income from property held in a partnership
Hi,
If the mortgage is in your name then only you can claim the finance costs, but if you are not declaring any taxable profits you will not receive any additional relief.
For more information:
Tax relief for residential landlords: how it's worked out
Thankyou. -
Re:Tax return from jointly owned rental property
Hi,
Income and expenditure should be declared according to ownership.
As the property is owned 50/50, the expenses must be declared the same way.
Thankyou. -
Re: Income under £85000 so I can use box 29 for expenses - does that include expenses for box 36?
Hi,
You can include your expenses at box 29 as you have normally done, but your expenses for replacement domestic items should be shown separately in box 36.
Thankyou. -
Re:Transferring Rental Income to Wife (Deed of Assignment)
Hi,
Unfortunately we cannot comment on any queries relating to personal tax planning.
As you have stated tax relief in respect of any qualifying mortgage payments can only be claimed by the person who takes out the loan.
Please refer to the following guidance in respect of the requirement for the submission of a Form 17 and obtaining a Deed of Trust :
Declare beneficial interests in joint property and income
Thankyou