Many married couples who have ownership of rented homes assume that their obligations are fulfilled if they’ve stated their income on either of their tax filings. However, personal tax advisors says that these assumptions are incorrect. The truth is that the taxpayers must complete Form 17 if their income is improperly divided.

The blog answers some frequently asked questions about form 17’s fundamental criteria.

Two Kinds Of Property Ownership

Joint Tenants

Each participant is expected to own an equal portion of the assets. So, if there are 4 joint tenants, each one of them is entitled to a fourth of the revenue or profits from the same property.

If one of the tenants passes away, the property will unquestionably pass to the remaining tenants in equal shares, and none of them may sell their individual part without the consent of the others. If any dispute occurs over this, a tax accountant can easily look over it for you.

The legal rights of the individuals who sustained a joint tenancy supersede a will. This includes the fact that no matter if the deceased explicitly mention their ownership of the profit in their will. This means that if the house is sold, revenue or capital gain will be divided evenly among the renters.

This is regardless of the amounts every tenant may have invested in the purchase of the property and in its upkeep or mortgage. It’s a widespread misconception that buying a home together simply amounts to giving your co-tenant a gift of extra funds.

A woman signing a document

Tenants In Common (TIC)

Every land owner’s portion is distinct in this type. According to the owners’ intentions, the share may be distributed unequally and sold or given to anyone during one’s existence or death.

Two or more single people can own property either as tenants in common or as joint tenants. However, TIC is the more conventional form of ownership. TIC can’t be converted to joint tenancy over time, but the JT can be converted to TIC later.  

Why Is A Declaration Of Trust Needed?

A specific portion of a property held by tenants in common isn’t listed on the ownership of the estate’s documents. As a result, the terms upon which each person owns their respective sums are specified in a legal document called a “declaration of trust.”

Everyone involved in this situation signs this document to indicate their agreement with it. After this, the Land Registry keeps a record of this in their property registry. When submitting form 17 to HMRC, the supporting documentation showing the unequal ownership of property shares also needs to be provided. The greatest piece of evidence is this form’s existence, which may be purchased from an attorney for around £300. If you need help with all of its requirements it’s best to consult an HMRC corporation tax account.

Do you need help with your declaration of trust and rental income? You’ve come to the right place. IBISS & CO are here to help! We’re one of the best-chartered accounting firms in the UK. We go above and beyond in helping you with inheritance tax planning, corporation tax, landlord self-assessment tax return, property tax, and much more. Give us a call for more information today!

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