How should I own my property?

How should I own my property?

12:12 PM, 9th May 2014, About 10 years ago 13

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I own one BTL property in my sole name. I am currently a non-tax payer and my husband is a higher rate tax payer.
We are shortly to complete on a second BTL property, funded by an interest only BTL mortgage in joint names (my income is not sufficient to have the mortgage in my sole name). How should I own my property?

I am a new landlord and would much appreciate any advice on the following:

1. Would you recommend we own the property as tenants-in-common? I understand we can specify our % ownership (e.g. 90:10) and we would be taxed on this basis.

2. How do you do this ? I have read about a form 17 declaration and also a Form A restriction (help!)

3. Using the example of a 90:10 ownership, will I be able to offset mortgage interest against the property income in the same ratio, even though the mortgage is in joint names and we are both equally liable ?

4. I currently have 2 bank accounts: a joint one with my husband for our family expenditure and a second one in my sole name for the first BTL property. If we were tenants-in-common could all the transactions on the second BTL property go through my sole bank account or would I need to open a third bank account in joint names for this BTL ?

5. It’s a long way off, but if we were to sell the property in the future how would the capital gains tax allowances work if we owned the property 90:10 ?

6. Is there anything else I need to look out for ? I am aware I need to do a will as if I die my share of the property will not automatically pass to my husband or children.

Thank you all in advance for your help. I’m very glad to have discovered this website.

Regards

Emily Rivers


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Comments

7:20 AM, 16th May 2014, About 10 years ago

Hi Sarah
The point I was making is that when, via form 17 you report that you are taking 90% of the rental income you are also telling HMRC that you own 90% of the beneficial interest, irrespective of how you may have split the title at land registry.

Sounds like your solicitor is referring to what is recorded at land registry, in which case he's correct. It's possible that some people think that using a declaration of trust to show the ownership split is different to the income division will solve the problem. It doesn't, because as far as the taxmans concerned income and capital go hand in hand.

Title and beneficial ownership are the two different elements that make up ownership of property. It is perfectly possible for one person (or organisation) to hold the title and another to have the beneficial interest. Not forgetting of course he who holds the beneficial interest holds the money! Which is why with a home reversion equity release, title is of no importance to the householder whatsoever.

Hope that helps explain what millions of homeowners have never been told about home ownership by solicitors, financial advisers and accountants. The truth about what constitutes property ownership usually comes as a big shock to most people who think it's all about title......it's not and never has been.

Best wishes
Garry Streeter

Puzzler

23:56 PM, 17th May 2014, About 10 years ago

If you don't do a will, it will pass to your husband and children but according to the rules of intestacy not necessarily as you would wish.

I am guessing from your situation that your B2L property was your home before you married, so you need to decide where that would go if you were to die now (heaven forbid, but one has to be prepared).

You need a good accountant and a good probate solicitor.

9:01 AM, 18th May 2014, About 10 years ago

Reply to the comment left by "Puzzler " at "17/05/2014 - 23:56":

A good accountant is one thing, but solicitor + probate = A very big bill!

I have taken my own son and daughter of my Will and replaced them with a professional Probate specialist. These guys will do EVERYTHING for much, much less than solicitors and on a fixed fee basis. As an estate planner I would not do this for my own estate unless it was totally beneficial.

So with LPAs + pre-paid funeral plans + trusts + Will (complete with exclusion clause) in place I KNOW that my family will have very little to do and everything is 100% secure in the event of my incapacity or my death. In fact with trusts in place I hardly need a Will at all.

All this is available to everyone ,and so I am baffled why so many people seem help bent on dumping their families in the proverbial!! Moreover why does anyone amass any degree of wealth and then leave it so exposed to all and any risk???? It's like they've joined up to the taxman and solicitors fan club and want to make ever bigger donations! You couldn't make it up!

Always here to help.
Garry Streeter

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