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HMRC internal manual

Trusts, Settlements and Estates Manual

HM Revenue & Customs
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Ownership and income tax: Specific types of property: land and buildings: example 1 - legal owner not as claimed

A flat is rented out and the rents are paid to A. A claims that the rent from the flat should be taxed half and half on A and her husband B. A says she has transferred the flat into joint names with B. But the Land Registry record clearly shows that A is the sole owner. It is also established that she was the sole borrower of the loan from the building society.

There is no evidence that the beneficial ownership of the property or the income is held to any extent by B.

Joint ownership is not in point here. The property is not held ‘in joint names’, so ITA/S836 (TSEM9814) is not relevant. That section refers to ‘property held in the names of a husband and wife etc’.

A is taxable on all the income.