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Contents

Official guidance
Trusts, Settlements and Estates Manual

TSEM9800 · Property held jointly by married couples or civil partners

  • TSEM9805 · Overview: introduction
  • TSEM9810 · Overview: explanation of terms
  • TSEM9812 · Overview: two main rules
  • TSEM9814 · The 50/50 rule: 50/50 rule and exclusions
  • TSEM9816 · The 50/50 rule: Income to which neither of the individuals is beneficially entitled
  • TSEM9818 · The 50/50 rule - partnership income
  • TSEM9820 · The 50/50 rule: Income from furnished holiday lettings
  • TSEM9822 · The 50/50 rule: income from jointly held shares in a close company
  • TSEM9824 · The 50/50 rule: income which is treated as the income of the other individual, or of a third party
  • TSEM9826 · The 50/50 rule: income in relation to which a declaration by the individuals under section 837 has effect
  • TSEM9828 · The 50/50 rule - asset first put into joint names
  • TSEM9830 · The 50/50 rule: New source
  • TSEM9832 · The 50/50 rule: Year of marriage or civil partnership: assets already jointly held
  • TSEM9834 · The 50/50 rule: year of death
  • TSEM9836 · The 50/50 rule: year of permanent separation
  • TSEM9838 · The 50/50 rule: year of divorce or dissolution
  • TSEM9840 · The 50/50 rule: year of reconciliation
  • TSEM9842 · Form 17 rule: introduction
  • TSEM9844 · Form 17 rule: Who can make a declaration?
  • TSEM9846 · Form 17 rule: declaration is optional
  • TSEM9848 · Form 17 rule: beneficial interests
  • TSEM9850 · Form 17 rule - declaration must reflect reality
  • TSEM9851 · Form 17 rule - evidence
  • TSEM9852 · Form 17 rule - how couple make declaration
  • TSEM9854 · Form 17 rule - property not covered by declaration
  • TSEM9856 · Form 17 rule - further change in beneficial interests
  • TSEM9858 · Form 17 rule - no limit on number of declarations
  • TSEM9860 · Form 17 rule - when declaration takes effect: normal case
  • TSEM9862 · Form 17 rule - strict time limit
  • TSEM9864 · Form 17 rule - when a declaration stops
  • TSEM9866 · Form 17 rule: death, separation and divorce or dissolution
  • TSEM9868 · Form 17 rule - married couple or civil partners continue to live together
  • TSEM9870 · Form 17 rule - action on receipt of form 17
  • TSEM9872 · Form 17 rule - declaration accepted
  • TSEM9874 · Form 17 rule - declarations delayed or lost in post
  • TSEM9876 · Form 17 rule - exchange of information for investigation purposes
  • TSEM9878 · Form 17 rule - general approach to declarations
  1. Property held jointly by married couples or civil partners: contents
  2. The 50/50 rule - asset first put into joint names

TSEM9828 | The 50/50 rule - asset first put into joint names

From HM Revenue & Customs · Trusts, Settlements and Estates Manual

Income from property is split 50/50 from the date it is put into joint names.

Example 1 - all income arises after the property is put into joint names

John held a building society account in his own name before he got married on 3 June 2020. From 8 June 2020 the account is held in joint names with his spouse. Interest arises on the following dates

Date interest arisesAmount
30 June 2020£500
31 December 2020£600
Total£1,100

All the interest arose after 7 June 2020; so the total interest for 2020-21 is split 50/50 between the couple.

Example 2 - income arises before and after the property is put into joint names

Jackie held a building society account in her own name before she formed a civil partnership by registration on 15 September 2020. From 20 September 2020 the account is held in joint names with her civil partner Karen. Interest arises on the following dates

Interest arising datesAmount
30 June 2020£500
31 December 2020£600

Jackie is taxed on all the income that arises up to 19 September 2020 and on half the income that arises thereafter. That is

InterestPercentageAmount
500100%£500
60050%£300
Total-£800

Karen is taxed on half the income that arises from 20 September 2020. That is, £600 x 50% = £300.

Between them the couple are taxed on all the income that arises in 2020-21; that is, £800 + £300 = £1,100.

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