@coucoululu Hope this helps
In the scenario you described, it seems that your husband is considering opening a bank account for your 10-month-old child, intending to declare the rental income from the flat as the child's income, with the expectation of benefiting from the personal allowance (currently £12,500 in the UK) before any tax liability arises.
It's important to note that tax laws can be complex and subject to change. In the UK, tax authorities may scrutinize arrangements that appear to be artificial or designed solely to avoid taxes. The concept of "kiddie tax" or taxation of income generated for minors exists in some jurisdictions, including the UK.
Here are a few considerations:
Legal and Genuine Transactions: Tax authorities generally distinguish between legitimate financial planning and arrangements that are created solely to avoid taxes. If the arrangement is genuine, legally structured, and not devised to deceive tax authorities, it may be considered legitimate tax planning.
Purpose of the Arrangement: If the primary purpose of the bank account and income declaration is to genuinely provide for your child's future and support the maintenance of the property, it might be more defensible from a legal standpoint.
Anti-Avoidance Legislation: The UK has anti-avoidance legislation in place to counteract arrangements specifically designed to reduce tax liability. If tax authorities believe that the arrangement is artificial and structured only to avoid tax, they may challenge it.
Professional Advice: It's advisable to consult with a tax professional or legal advisor who can provide personalized advice based on your specific circumstances. They can assess the legality and potential implications of the proposed arrangement.
In summary, while tax planning is legal and common, it's crucial to ensure that any arrangement is genuine, complies with tax laws, and is not designed solely for tax avoidance. Seeking professional advice will help you make informed decisions and navigate the complexities of tax regulations in the UK.