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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My boyfriend and jointly own a rental property (as equal Tenants

Resolved Question:

My boyfriend and jointly own a rental property (as equal Tenants In Common). As I do not have an income at the moment, can I claim all rental income as my own on my Tax Return (in order to alleviate some of the tax that he would incur)?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Its bad news I am afriad.

Alex Watts :

As you are partners then unless you have any agreement as to the ownership that says otherwise, you are equal owners.

Alex Watts :

This means your boyfriend will be liable for tax on his half and you on yours.

Alex Watts :

But from what I understand you are unlikely to pay tax.

Alex Watts :

But sadly you can not shift his portion on to you.

Alex Watts :

For more information please see:

Alex Watts :

http://www.hmrc.gov.uk/manuals/pimmanual/pim1030.htm

Alex Watts :

I am sorry this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your answer. Can you tell me when this changed exactly?

Alex Watts :

I don't sorry, as I looked it up for you on HMRC website.

Customer:

Is there any way around this?

Alex Watts :

Unless you each own a different share of the property, unlikely.

Alex Watts :

If you owned, say 90% then you would be entitled to 90% of the income and tax liability

Customer:

Again - is there anyway you can tell me when exactly this rule was brought in? I know it changed because it was one of the things we were advised to do BY Inland Revenue when I spoke to them many years ago.

Alex Watts :

I can't tell you the exact date, I just know that it is current.

Customer:

Ok thank you for your help. That's all for now.

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