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Do My Partner and I Have to Split Profits 50:50?

Question:
My partner and I are not married or in a civil partnership. I pay the higher rate of tax, and my partner is not employed. We are 'joint tenants' and so officially own the property 50:50. Are we eligible for splitting the profits of the rental other than 50:50? If so, what forms are necessary and what proof is needed? Can I elect to own just 1% of the property? The mortgage interest repayments are more than covered by the rent so my partner is otherwise in a position to cover the repayments and keep the profits.

Arthur Weller Replies:
Please see question 1 above and the answer given. You don't need any forms but you do need a written agreement between you and your partner stating the proportion that the rental income is to be allocated between the two partners. You do not make any election to 'own a certain percentage of the property'. You must make sure that the tenant pays the correct proportion of rent into the respective bank accounts of you and your partner.
My partner and I are not married or in a civil partnership. I pay the higher rate of tax, and my partner is not employed. We are 'joint tenants' and so officially own the property 50:50. Are we eligible for splitting the profits of the rental
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This question was first printed in Business Tax Insider in September 2011.