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Rental Tax

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Comments

  • booksurr
    booksurr Posts: 3,700 Forumite
    edited 22 August 2014 at 3:46PM
    zygurat789 wrote: »
    With all my worldly goods I thee endow?
    so what, taxation has been on the individual basis for ages
    find me a page on HMRC which defines entitlement to property income for RAR for a married couple without mentioning jointly owned

    a married couple can easily still retain single ownership of the places they used to own before they got married, tax on those is based on ownership not endowment, the principle is the same for RAR

    the divorce is of course a different matter !
  • zygurat789
    zygurat789 Posts: 4,263 Forumite
    Part of the Furniture Combo Breaker
    booksurr wrote: »
    so what, taxation has been on the individual basis for ages
    find me a page on HMRC which defines entitlement to property income for RAR for a married couple without mentioning jointly owned

    a married couple can easily still retain single ownership of the places they used to own before they got married, tax on those is based on ownership not endowment, the principle is the same for RAR

    the divorce is of course a different matter !

    Never mind about HMRC, it's what the organ grinders say in ITTOIA05sec785/6.
    This is all fairly irrelevant as per post 10 above
    The only thing that is constant is change.
  • antrobus
    antrobus Posts: 17,386 Forumite
    booksurr wrote: »
    so what, taxation has been on the individual basis for ages
    find me a page on HMRC which defines entitlement to property income for RAR for a married couple without mentioning jointly owned

    a married couple can easily still retain single ownership of the places they used to own before they got married, tax on those is based on ownership not endowment, the principle is the same for RAR

    the divorce is of course a different matter !

    the share of any profit or loss arising from jointly owned property will normally be the same as the share owned in the property being let. But joint owners can agree a different division of profits and losses and so occasionally the share of the profits or losses will be different from the share in the property. The share for tax purposes must be the same as the share actually agreed.

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

    In the OP's case, the property is jointly owned between him and his sister, and therefore the rental income will be divided between the two of them. Whether or not the wife would have been eligible to claim RAR relief is irrelevant, as she has no rental income to which it would apply.

    Rent-a-room applies to income from providing furnished residential accommodation in the taxpayer’s only or main home

    http://www.hmrc.gov.uk/manuals/pimmanual/pim4001.htm

    The sister doesn't live in the house, so she can't claim RAR relief,
  • booksurr
    booksurr Posts: 3,700 Forumite
    zygurat789 wrote: »
    Never mind about HMRC, it's what the organ grinders say in ITTOIA05sec785/6.
    This is all fairly irrelevant as per post 10 above
    which is what I said at #8 - the wife is not an owner therefore has no entitlement to the rent
  • zygurat789
    zygurat789 Posts: 4,263 Forumite
    Part of the Furniture Combo Breaker
    So if the OP and his wife separate and she stays in his house and collects aso me rents, whose income is it?
    The only thing that is constant is change.
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