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Posted Tue, 26 Nov 2024 22:12:12 GMT by Andrew
Hello, please advise the following questions regarding foreign property income: 1) My spouse and myself are the joint owner of an overseas property, when I am completing the foreign property income in the self assessment tax return, is it okay to split the foreign property income to 10% on me and 90% on my spouse? So, I will only fill the 10% of the foreign rental income, while my spouse will fill the 90% of the foreign income in the self assessment. 2) Do we need to specify in the self assessment on this split of the foreign rental income for my spouse (90%) and myself (10%)? If yes, shall we put this information in the "Any other information" section of SA100 form? Thank you.
Posted Wed, 27 Nov 2024 12:26:14 GMT by Clive Smaldon
Not HMRC, its defaulted to 50/50, same as all joint assets. If you have a declaration of trust and form 17 registered with HMRC to vary ownership/income that would be ok, but if not then you must declare it 50/50
Posted Tue, 03 Dec 2024 10:55:28 GMT by HMRC Admin 19 Response
Hi,
You will be required to submit a deed of trust showing the split of the property income in the percentages share. Further more, you must also complete form 17 regarding the split of the property income in unequal shares. You can see guidance here:
PIM1030 - Introduction: jointly owned property & partnerships
TSEM9800 - Property held jointly by married couples or civil partners
Finally you should contact the tax authorities where the property is locatated, as they may have rules and regulations which may differ from that in the UK, and that they may have the taxing rights in respect of the foreign property.
Thank you.
Posted Tue, 03 Dec 2024 13:56:54 GMT by Andrew
Hi HRMC Admin, Thanks for the reply. Would you please advise how to submit the deed of trust showing the split of the foreign property income in the percentages share? Can I submit it myself or it require to do it in a law firm or solicitor in UK? Or need to do it via a law firm/solicitor in the jurisdiction where the foreign property located? Please advise. Thank you.
Posted Wed, 04 Dec 2024 13:01:00 GMT by HMRC Admin 19 Response
Hi,
If the property is held in joint names then you will need to complete a Form 17 declaration and include the deed of trust showing the unequal split of the foreign property income. You can see guidance on how to make a declaration and what we will accept here:
TSEM9851 - Property held jointly by married couples or civil partners: Form 17 rule - evidence
TSEM9852 - Form 17 rule - how couple make declaration
You may want to seek advice from a UK solicitor on how to do this.
Thank you.

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