This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Can we split the rental income 99%/1%?

Question:
My wife and I own jointly three buy-to-let flats. There is a small mortgage on each of them and so far the rental income was shared equally between us. Since my wife, a UK resident, has a salary in the high tax bracket, the tax on her rental income is 40%. I am non-UK resident and my rental received comes within the £10,000 allowance.  In order to reduce her tax bill can we make an agreement that rental will be paid to me at say 99% and 1% to my wife?  We have a joint account and my wife has also her own account.

Arthur Weller replies: 
In order to be taxed 99:1 it will be necessary to change the actual ownership of the jointly owned properties so that you own 99% of the properties and your wife owns 1% of the properties. Furthermore, within 60 days of doing so, you need to inform HMRC on Form 17. These rules can be seen on www.hmrc.gov.uk/manuals/tsemmanual/TSEM9842.htm and subsequent pages. A simple agreement between you and your wife about allocation of the rent is not sufficient.

My wife and I own jointly three buy-to-let flats. There is a small mortgage on each of them and so far the rental income was shared equally between us. Since my wife, a UK resident, has a salary in the high tax bracket, the tax on her rental
...


This question was first printed in Tax Insider in March 2015.