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Subject Topic: Income Tax query Post Reply Post New Topic
via mobile 17/2/2020 at 11:50pm
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Can anyone offer any advice please?

I have a rental property in Scotland. I live and work in England. I am registered as a landlord. Rent is paid monthly.

My husband does not work nor does he get any benefits or pensions.

If I were to have the rent paid to him rather than to myself, he would not need to pay tax as it would be less than his tax free allowance.

Is this possible?
Is it legal?
Would he need to register as landlord ?

Any advice warmly welcomed please.


18/2/2020 at 7:34am
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He may need to register as the properties landlord in order for the income to be classed as his as well as the income coming into his bank account if separate ones.

Also as you are married and he had no income have you taken advantage of the transfer of part of his tax allowance to yourself (around £1000)?


via mobile 18/2/2020 at 7:46am
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Thank you.ST1100
The house was left to me and is in my name. Will that make a difference? Also we do have separate bank accounts. How do we go about transferring his tax allowance to me? Can we do it online do you know?


18/2/2020 at 8:49am
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See below.
https://www.gov.uk/apply-marriage-allowance
saxo1


19/2/2020 at 8:45am
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in england, we apportion the profit element to my wife as an 80/20

we can change that to 99/1 i understand. we both own the properties but its more tax efficient for my my wife to 'earn' the majority of the profit as i have a pension and my wife doesnt work and is below retirement age, which means she uses up all her personal allowance on rental income, saving us around 2k per year

if youre unsure, use an accountant or read the tax cafe books, they are very useful and are tax deductable ..


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19/2/2020 at 5:07pm
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I note the link is given above. The non tax payer can give a portion to partner. £1250. The non taxpayer must be the one to transfer it and not the taxpayer claiming it.

Access the form online via HMRC, and submit it online too. It looks very straightforward .


via mobile 19/2/2020 at 9:51pm
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Thank you all.Well dort out transferring part of my husbands tax allowance to me. The landlord registration is due for renewal in July so I will put it in my husband's name so monies can be paid to his separate bank account.


20/2/2020 at 4:28pm
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Re the Tax allowance claim, you can also claim back 5 or 6 years.

Nice little tickle.

-------------
Some days you are the dog,
some days you are the tree.

Goodbye tension, hello Pension!


       


21/2/2020 at 8:02am
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I think that as the house is in your name and not his, then you could have problems.

He would be gaining a benefit from your asset.


21/2/2020 at 8:24am
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Quote: Originally posted by woodman2 on 21/2/2020
I think that as the house is in your name and not his, then you could have problems.

He would be gaining a benefit from your asset.



if they are married they both own the asset, whoevers name is on the deeds. ask a divorce lawyer !

its the profit element that needs to be specified as a proportion. i dont know whether it can be backdated though.



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via mobile 22/2/2020 at 8:16am
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I’d suggest it’s a complex question. Scots property law & inheritance law isn’t necessarily the same as English law & it’s a different tax system too - I pay more income tax here than I’d pay down south.
I’d ask a reliable tax accountant. We’re not experts here in UKCS. (Please don’t anyone say rude things about accountants. My best friend is one.)

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03/3/2020 at 2:33pm
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hope this bit of information helps. Both my parents passed away, I then rented the house out for 20 years. I had to register the property with the local council. they inspect the property to ensure all is in order, electrics, gas, etc. Also inform the tax people, as if tax has to be paid, its on the second year, so when you sell, you still owe 12 months tax. All the rent etc was in my name, its complicated enough. Then if you already own a property, and you sell, you are liable for capital gains.
Renting is a mine field, if you get a bad tenant & theirs plenty, you have to keep up with repairs. I am a plumber, so did most myself. If you get a bad tenant, getting them out is another issue, On the surface renting sounds good,a lot of pit falls?


03/3/2020 at 6:23pm
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Quote: Originally posted by Trunnion on 03/3/2020
hope this bit of information helps. Both my parents passed away, I then rented the house out for 20 years. I had to register the property with the local council. they inspect the property to ensure all is in order, electrics, gas, etc. Also inform the tax people, as if tax has to be paid, its on the second year, so when you sell, you still owe 12 months tax. All the rent etc was in my name, its complicated enough. Then if you already own a property, and you sell, you are liable for capital gains.
Renting is a mine field, if you get a bad tenant & theirs plenty, you have to keep up with repairs. I am a plumber, so did most myself. If you get a bad tenant, getting them out is another issue, On the surface renting sounds good,a lot of pit falls?



I looked into doing this, and decided against it in the end for all the reasons you mention. So glad I did.


via mobile 15/8/2020 at 10:59pm
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I know this is a bit of an old post, but just browsing and came across it.

If the house is in your name, you can't just choose to declare the income on your husband's tax return. It has to go on yours.

I saw on another post that you'd had problem tenants, so make sure you are including all of the repair costs as expenses against the income.

If it was in joint names, the profit would, by default, be split 50/50. If you genuinely owned a different proportion, you could elect to have it taxed in that proportion.

You could pay him to manage the property, but you'd actually have to pay him and he'd actually have to do something for the money.

You could transfer the property into his name, but you'd obviously have legal fees. There would be no capital gains implications because transfers between husband and wife are effectively at 'cost' (ie no loss, no gain, so they take over your base cost, which would be the probate value plus any improvement costs (not repair costs because you can have a deduction from your rental income for those)).

PS. I'm a Chartered Accountant and I deal with quite a few clients with rental properties.


via mobile 15/8/2020 at 11:13pm
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Quote: Originally posted by MisterB1959 on 19/2/2020
in england, we apportion the profit element to my wife as an 80/20

we can change that to 99/1 i understand. we both own the properties but its more tax efficient for my my wife to 'earn' the majority of the profit as i have a pension and my wife doesnt work and is below retirement age, which means she uses up all her personal allowance on rental income, saving us around 2k per year

if youre unsure, use an accountant or read the tax cafe books, they are very useful and are tax deductable ..



Be careful - married couples can't choose to split the income in any way they like. If you own it 50/50, then the income must be split 50/50. If you own it in a different proportion, then, by default, it's 50/50, but you can elect for it to be taxed in accordance with actual ownership. You can't just choose to do it 80/20 or 99/1 to suit your tax position.

(It's not the same if you aren't married.)

The HMRC guidance is here. https://www.gov.uk/guidance/income-tax-when-you-rent-out-a-property-case-studies#jointly-owned-property

If your accountant has told you different, then you need to get a new accountant!



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