Can my limited company pay rent to my spouse for a home office in our house?
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I work from home most days, using a spare room in our house as my office. My spouse owns the house in their sole name, and I have been wondering whether my limited company can pay rent to my spouse for that room instead of me simply claiming home-working costs.
Is this allowed, and would the rent be a deductible expense for the company? I am trying to understand how to work out a fair amount. Should it be based on a share of mortgage interest, bills, and council tax, or on a market rent for a similar room? I do not want to set a figure that HMRC would see as excessive or artificial.
What happens on my spouse's side? Would the rent be taxable as property income, and would they need to declare it even if the amount is modest? I have heard about the rent-a-room relief and the property allowance, but I am not sure whether either applies when the tenant is a company owned by the other spouse.
Are there any other risks to think about? I am concerned about whether paying rent could affect our main residence position for capital gains tax, create a business rates issue, or cause problems with our mortgage lender or insurer. Would a formal licence or rental agreement help, and what should it cover?
How does this compare with the simpler option of the company paying me a flat-rate homeworking allowance? If you have set up a rent arrangement with a spouse, what did you do to keep it clean, and what did your accountant ask you to document?
