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Where Taxpayers and Advisers Meet

Settlements anti-avoidence

Landlord User
Posts:1
Joined:Tue Sep 27, 2016 10:16 am
Settlements anti-avoidence

Postby Landlord User » Tue Sep 27, 2016 10:35 am

On getting married in January I have transferred ownership of some rental properties on a 50:50 basis using a Declaration of Trust to my wife.

How am I going to comply with the settlements rules:

Part one, OK as the gift is without reservation.

Part two a bit more complicated as the rent received at present is paid into a joint account, and then divided equally between the two of us. How do I avoid this being seen as me still having access to her half of the rent?

Thanks.

SteLacca
Posts:448
Joined:Fri Aug 07, 2015 2:17 pm

Re: Settlements anti-avoidence

Postby SteLacca » Tue Sep 27, 2016 3:25 pm

Why didn't you just gift a half share to her. Gifts between spouses are without tax implications.

In any event, the default position for rental where the property is held jointly by husband and wife is 50/50.

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: Settlements anti-avoidence

Postby maths » Tue Sep 27, 2016 6:36 pm

If rents are paid into a joint account and then monies are transferred out to each beneficial owner 50/50 then no problem arises.

Even if the monies sit in the joint account no problem arises if it is demonstrably clear that each spouse has a 50/50 beneficial interest.


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