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Non-Resident Tax Question

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Desert Hound
Desert Hound
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Dear All

I have posted the following query over on Property Tribes, but also feel that it might be useful to post it here. As stated below, I do realise that this situation will apply to only a few people (perhaps nobody on the forum), but any comments / suggestions would be appreciated. I also understand that I will have to seek out professional advice on this matter.

The query posed is as follows;

I understand that the below situation will not apply to most people on here, but I shall outline the situation, and then ask my question at the end.

Situation:

UK citizen living overseas (outside the EU), registered as such with HMRC.

Wife is a non-UK citizen with no ties to the UK (no N.I. number, no tax record, no resident visa, no bank account) and as such does not exist in the UK system, and never has done.

Given that the UK does not allow the registration of overseas marriages, there is no record of marriage/partnership within the UK.

Own two properties in the UK, both rented out and the combined income is above the personal income tax allowance for one individual (i.e. myself).

Both properties are in my name, as are the mortgages.

My questions leading on from this are thus;

1) Can we avail ourselves of her personal income tax allowance?

2) Can my wife file a tax return? (I imagine question 1 will answer this).

3) Do the properties have to be in joint names if indeed we can avail of her personal tax allowance? (this might be tricky with the bank due to her "non-existence".)

Thank you kindly in advance.

DH

17/06/2019 08:26

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