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HMRC internal manual

Trusts, Settlements and Estates Manual

HM Revenue & Customs
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Property held jointly by married couples or civil partners: Form 17 rule: beneficial interests

ITA/S837 refers to ‘unequal beneficial interests’.

A form 17 declaration must correctly state the individuals’ beneficial interests in

  • the jointly held property and
  • the income arising from the property

A form 17 declaration can be made only if the individuals are beneficially entitled to the income in unequal shares. This could be 100/0 or 60/40 or anything other than 50/50.