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TaxRobin
TaxRobin, Tax Consultant
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Experience:  International tax
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I am thinking of renting my property which I own. I earn

Resolved Question:

I am thinking of renting my property which I own.
I earn enough with my job to be in the 40% tax bracket.
The house rent payments would make my income even more.
My partner (not married) has no job.
Can I legally get her to let the house out and pay the tax on the rental income. She will only be earning about £12k in total so It wouldn't be a lot of tax.
Submitted: 11 months ago.
Category: Tax
Expert:  TaxRobin replied 11 months ago.

Hello

Some use the “Declaration of beneficial interests in joint property”, which is HMRC form 17 to declare the amount of income they are reporting for rental based on their actual share of ownership.

If your partner does not have an ownership interest in the property, income can not be passed to them.

You can use this method only if you are a married couple or civil partners who live together, hold the property jointly in unequal shares and are entitled to an income split along the same lines.

HMRC advises: “You cannot choose to have the income taxed on an unequal basis because you think it would be to your advantage” (for example because one of you pays tax at a higher rate than the other)."

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