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When is form 17 needed?

Question:

When a married couple buy a rental property, the solicitor fills out a TP1 form to declare it as tenants in common, which I assume also declares the split of ownership. Does a form 17 still need to be completed and sent to HMRC, and should a declaration of trust also be done?

Arthur Weller replies:
If the property is in joint legal names, it is automatically taxed 50:50. A Form 17 is only applicable when you want to be taxed in a different proportion to 50:50. See HMRC’s Trusts, Settlements and Estates manual at www.gov.uk/ hmrc-internal-manuals/trusts-settlements-andestates-manual/tsem9844. A declaration of trust is also not necessary.

When a married couple buy a rental property, the solicitor fills out a TP1 form to declare it as tenants in common, which I assume also declares the split of ownership. Does a form 17 still need to be completed and sent to HMRC, and should a

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This question was first printed in Property Tax Insider in December 2019.