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[email protected], Accountant
Category: Tax
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Experience:  Executive Director at [email protected]
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My husband and I have lived apart for many years but are not

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My husband and I have lived apart for many years but are not legally separated or divorced. I have bought a flat for him to live on his own but the property is in my my name. If I were to charge him rent - would I have to declare it for income tax?
JA: Which tax year is this for?
Customer: It hasn't happened yet.
JA: Is there anything else the Accountant should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing I know of.

Hi, welcome to JustAnswer. I'm [email protected], a UK-Qualified Chartered Certified Accountant with over 15 years of experience. I'll be answering your question today.

If you have not separated legally then you are considered a married couple living on your own property. For tax purposes, this rental income may be out of scope for income tax purposes until the day you get legally divorced.

Customer: replied 3 days ago.
We don't live together - he will be there on his own - I live elsewhere.
Customer: replied 3 days ago.
May be outside the scope?

As long as you are legally married, the couples can live in separate houses for personal reasons. If you want to avoid any future tax complications, then you can report this as rental income and be subject to tax on net profits.

Customer: replied 3 days ago.
Where do you think I could get a definitive answer?

https://www.gov.uk/government/publications/husband-and-wife-civil-partners-divorce-dissolution-and-separation-hs281-self-assessment-helpsheet/hs281-capital-gains-tax-capital-civil-partners-and-spouses-2022

3. What counts as ‘living together’

You and your spouse or civil partner are treated as living together unless you’re separated:

  • under a court order
  • by a formal Deed of Separation executed under seal (in Scotland a deed should be witnessed)
  • in such circumstances that the separation is likely to be permanent

Customer: replied 3 days ago.
It's seems a bit of a grey area - what would you do?

Where do you think I could get a definitive answer?

You can call the HMRC income tax helpline on

0300(###) ###-####to get this information and HMRC advice recorded on your tax records.

Please note there is a waiting time of 45mins to be connected so please continue to hold.

HMRC always has the final say so it would be best to get their opinion as well.

It's seems a bit of a grey area - what would you do?

I would argue that we are a married couple (Legally) so my husband is living at my 2nd property for personal reasons.

Customer: replied 3 days ago.
Thank you you've been very helpful - could you just tell me what HMRC would do to me if they didn't agree with that argument.

They will simply treat your net rental income as taxable and charge you income tax on the income plus interest.

You're welcome. Happy to help

Customer: replied 3 days ago.
Thank you very much.

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