Question:
I have just purchased a property jointly with another individual (not my spouse or civil partner). Following renovation, we intend to commence holiday letting shortly through an agent. I am a basic rate taxpayer, whereas the other person is a higher rate taxpayer. I would like to declare all or most of the income myself in order to minimise the tax burden. HMRC’s Property Income manual indicates that joint owners can agree a different division of profits from their share in the property. I am wondering whether such an agreement needs to be formally documented and - if I am to declare all the income - whether the income needs to be credited to a bank account in my name only and whether the property agent's monthly statements should be addressed to me solely?
Arthur Weller replies:
Your statements are correct. Such an agreement does need to be documented formally, but it is not something that requires a solicitor. Rental income is taxed on the person who is receiving or entitled to the income - see
www.gov.uk/hmrc-internal-manuals/trusts-settlements-and-estates-manual/tsem9310. A written agreement can suffice for this. The income should go to the individual bank accounts in proportion to the entitlements. If you are to receive 100%, all the income should go to your account. If so, the property agent's monthly statements should be addressed to you solely.
I have just purchased a property jointly with another individual (not my spouse or civil partner). Following renovation, we intend to commence holiday letting shortly through an agent. I am a basic rate taxpayer, whereas the other person is a
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