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Are You Aware Of What Form 17 Is?
Are you aware of what Form 17 is? 758 513 Stepping Stones Accountancy

Are you aware of what Form 17 is?

Form 17 is an official HMRC document used to declare what the income split will be on a property, which is jointly owned, so that the correct tax payments can be calculated.

This applies to couples who are married or in a civil partnership and both own a share in land or property. However, it is only required if a split is different to the normal 50/50 percentages.

Typically, a property which is jointly owned is split evenly, however if circumstances change or for some reason this does not work for a couple then HMRC must be notified through the completion of the Form 17. This form will outline the agreed structure and will be used to take in to account the tax liabilities required by each person. It is important to note that a Form 17 is required if both parties are UK residents or if the owners are living overseas and renting the property to tenants.

Many homeowners are confused as to what is exactly needed by HMRC, so let’s provide an example. If a property is jointly owned, e.g. the deeds of ownership are in the name of 2 individuals, but the ownership is 70:30 then a declaration is needed to ensure tax liabilities are evenly accounted for. The completion of a Form 17 will officially announce to the HMRC of the property split and the tax required to be paid by each of the homeowners.

If 2 people own a property but the shares are uneven then you must complete a Landlord Form 17. 

How do I complete a Form 17?

A Form 17 is available via this link – https://www.gov.uk/government/publications/income-tax-declaration-of-beneficial-interests-in-joint-property-and-income-17. The form will need to be completed online and then printed. The printed copy will need to be submitted directly to the HMRC, so we recommend you also print a second copy for your files. When completing the form you will be asked:

  • Details on both property owners to include full name, address, national insurance and tax reference numbers
  • Full address of the property which this form relates to
  • The beneficial interest applicable to both property owners
  • A final declaration signed by both parties

Once a declaration is made to the HMRC the Form 17 needs to be submitted within 60 days, if it is not received within this period then HMRC will consider it as invalid.

If you have any questions regarding the completion of Form 17 or need some help with any aspect of business accountancy our team would be happy to help. Please call us on 01173 700 079 or e-mail hello@steppingstonesaccountancy.co.uk. You can also book a free 20-minute call with Yarka – https://calendly.com/yarka-ssa/20min

Simplifying the capital gains tax on a property when a couple separate
Simplifying the capital gains tax on a property when a couple separate 758 513 Stepping Stones Accountancy

Simplifying the capital gains tax on a property when a couple separate

Many people are still not fully aware of the changes that took place on 6th April 2023 in regards to capital gains tax (CGT) on a property when a couple separate. Previously the old rules were very inflexible where the no gain / no loss treatment could only apply for a short period of time. Whilst it is almost a year since these changes were introduced many people are still unaware of what they mean.

This blog post will explore the details further.

It goes without saying that when a couple goes through a separation it can be a very stressful period. On top of that agreeing on what happens with the assets and associated property can only add to the problems. With the introduction of these CGT changes the following rules will apply:

  • Those involved in the separation can take up to 3 years from the date of the split to issue a no gain no loss transfer on all relevant assets thus minimising any capital gains tax.
  • Any timeframes previously in place for the transferring of assets following a formal split such as a divorce have been removed.
  • If any partner has remained in the shared home then they are entitled to claim private residence relief once the property is sold.

Another major positive with this change is that all parties involved in the separation can take their time and organise all their financial matters without worry or concern that they will face liabilities in relation to CGT. The process of transferring assets is a simple one and any previous issues around dates for separation are removed.

Although on the whole these changes see a number of benefits there are still some areas to be aware of:

  • Some fees around CGT could apply if there are cash agreements in place as part of any separation.
  • If any oversees assets are involved then the no gain no loss rule will not apply, meaning tax payments could occur.
  • If assets are transferred but then later sold there is a high probability that future tax charges will be incurred.
  • Anything in relation to income tax should be treated separately. For example if a family company exists between all parties and dividends are taken then liabilities could be applied.

To conclude when a civil or marital partnership breaks up and there is the requirement for a split of assets it is very important to consider the tax positions for each party. It can be a minefield for individuals to understand especially at a time which is incredibly stressful and emotionally draining. This is why it is recommended that specialist help is sought to assist with the entire process.

For anybody that does has any questions in regards to CGT or in need of any form of accountancy help, please call us on 01173 700 079 or e-mail hello@steppingstonesaccountancy.co.uk. You can also book a free 20-minute call with Yarka – https://calendly.com/yarka-ssa/20min

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