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Can my wife have the income from the property that I own?

Question:

I am a higher rate taxpayer through my full-time job. I also have a landlord income from a property I own. My wife retires in March; can I instruct our management provider to pay the income to my wife and hence not declare it on my tax returns? Or could you point me to any guidance?

Arthur Weller replies:
Unfortunately, what you have written is not possible; one cannot just assign income to another person, even a spouse. However, if you put the property into joint names of you and your wife, even if you have a declaration of trust behind the transfer restricting her beneficial ownership to a small amount (e.g. 5%), she will be taxed on 50% of the rental income (as long as you do NOT send in a Form 17). If you want her to be taxed on more than 50% of the rental income (e.g. 90%), you will have to transfer 90% of the property to her ownership, and send in a Form 17.

I am a higher rate taxpayer through my full-time job. I also have a landlord income from a property I own. My wife retires in March; can I instruct our management provider to pay the income to my wife and hence not declare it on my tax returns?

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This question was first printed in Tax Insider in May 2018.