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Where Taxpayers and Advisers Meet

tax on rental income

Mha
Posts:13
Joined:Thu Mar 09, 2017 8:54 pm
tax on rental income

Postby Mha » Tue Sep 24, 2019 12:30 pm

I would appreciate advice re tax implications for my daughter who received a flat through court order after divorce. Her ex gave up the jointly owned flat as the only maintenance for her and two young children. The flat is transferred in her name (50%) and two children (25% each) along with me as a trustee for the children.
She now receives rent from the property which is mainly used for the education and maintenance of the children.
She is working and pays tax. Our question is when she fill the tax return how much she need to enter as property income (after deducting various expenses)? Should this be 100% or 50%. If 50%, can other 50% be counted as children's income and who pays tax on this income? 50% income is less than the personal allowance band.
Kind regards

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: tax on rental income

Postby pawncob » Tue Sep 24, 2019 3:41 pm

She returns 50% as her income.
You complete trust returns on behalf of the beneficiaries.
With a pinch of salt take what I say, but don't exceed your RDA

Mha
Posts:13
Joined:Thu Mar 09, 2017 8:54 pm

Re: tax on rental income

Postby Mha » Wed Sep 25, 2019 10:20 am

Thank you for your reply.
Just to confirm as a trustee I enter remaining 50% and there is a separate form/column to do so on self assessment form.
Kind regards

Mha
Posts:13
Joined:Thu Mar 09, 2017 8:54 pm

Re: tax on rental income

Postby Mha » Wed Sep 25, 2019 10:34 am

Also wish to let you know that that all rental income goes into my daughters account

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: tax on rental income

Postby pawncob » Wed Sep 25, 2019 10:36 am

You need a trust return.
https://www.gov.uk/government/publications/self-assessment-trust-and-estate-tax-return-sa900
With a pinch of salt take what I say, but don't exceed your RDA

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

Re: tax on rental income

Postby maths » Wed Sep 25, 2019 12:30 pm

You are entitled to 50% of the rental income and should disclose such income less expenses on your own Tax Return.

Regarding the two children I suspect you are acting as bare trustee of their interests in which case each of the children should file their own Tax Return in their own names. You should not file there SA 900.

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: tax on rental income

Postby pawncob » Wed Sep 25, 2019 12:55 pm

@maths.
As the trust involves a property there must be a trust deed and it can't be a bare trust.
With a pinch of salt take what I say, but don't exceed your RDA

someone
Posts:696
Joined:Mon Feb 13, 2017 10:09 am

Re: tax on rental income

Postby someone » Wed Sep 25, 2019 1:28 pm

@maths.
As the trust involves a property there must be a trust deed and it can't be a bare trust.
This disagrees:
https://www.taxinsider.co.uk/763-The_Bare_Essentials_Bare_Trusts.html

Is it something to do with them being minors and (apparently) having received it from their father that you're referring to? Other than the possibility that the income needs to be taxed on the mother or father rather than themselves it sounds like a bare trust to me.

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

Re: tax on rental income

Postby maths » Wed Sep 25, 2019 6:21 pm

pawn cob, not sure I understand:

"As the trust involves a property there must be a trust deed and it can't be a bare trust"

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

Re: tax on rental income

Postby maths » Wed Sep 25, 2019 6:22 pm

Minors cannot hold legal title to real estate but are entitled to a beneficial interest in such property. A bare trust is feasible.


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