Paper F6 (UK): Taxation FA2009
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Tax planning for married couples
The concept of independent taxation
The taxation of married couples
Opportunities for minimising tax liabilities
7 Tax planning for married couples
7.1 The concept of independent taxation
The concept of independent taxation means that every individual (whether married,
in a civil partnership or single) is treated as a separate taxable person. Each taxable
person is liable to income tax on his or her own income.
7.2 The taxation of married couples
A separate income tax computation is produced for each spouse, but special rules
apply for the allocation of joint income.
Where a couple jointly own assets that generate income, the income is shared equally
between them, regardless of the actual ownership of the asset. (This is known as the
50:50 rule).
For example, if a couple jointly own a house which generates £10,000 of taxable
property income, each spouse will include £5,000 in their individual income tax
computation. This will be the case whether the couple contributed to the purchase
cost equally or whether one spouse contributed 75% and the other 25%.
However, if the couple enjoy the income in unequal proportions, they can make an
‘actual entitlement declaration’ to HMRC and ask to be taxed on the income in the
proportion of their actual entitlement to that income (i.e. 75%:25% in the above
illustration) rather than a 50:50 allocation.
It is important to note that the declaration:
is optional, but once made it is irrevocable
must be sent within 60 days of requiring it to be effective for tax purposes, and
can only be made for a different allocation based on the facts of actual
entitlement (i.e. the couple cannot choose to allocate in any proportion they wish
to in order to minimise their tax liabilities).
Note that same-sex couples who acquire legal status for their relationship under the
Civil Partnership Act 2004 are treated as married couples for taxation purposes.