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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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My son lives in a property owned by me in Scotland. He is

Resolved Question:

My son lives in a property owned by me in Scotland. He is a student and I would like to take in another student to live in the property. Would he become my agent and would he be liable for tax? Would the second student be considered to be a lodger?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
He could be your agent and collect the rent etc. He would not be liable for tax unless, the rent money or part of it was paid to him for himself. If that was I your mind it would be better that he accounted to you for the rent and he was paid an allowance by you by way of maintenance which is of course tax free.
The second student would not be a lodger as he would not be staying with the owner. He would be a tenant and a short assured tenancy lease could be used.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
If my son was the tenant could he have the lodger? Would this then be seen as income for him?
Expert:  JGM replied 2 years ago.
Yes, he could sublet a room with your permission but the rent would be treated as his income and would be taxable subject to application of personal allowances etc.
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