Joint Properties and Form 17
When spouses own a property together, they are taxed 50% equally on any income that may arise. However, when they own property as tenants in common and in unequal shares, they can elect for the income to be split for tax purposes like their ownership- to do this you use a Form 17 (watch out- it can’t be split differently to the share balance!).
After a Form 17 election has been made, it has to get to HMRC within 60 days of the date of the last signature. From this date, the income is split according to the shares, anything before this date is treated as arising equally.
This election is useful because you get a lower tax bill- you won’t be taxed on 50% of the income! For example, Bob has a 95% share and Bill has a 5% share. They make £10,000 rental profit a year and Bob has no other income whilst Bill is a higher rate taxpayer. Bob will be taxed on 95% of the profits (£9,500) which would be tax-free (it is under his personal allowance) whilst Bill is only taxed on 5% (£500) which is only £200. They are both saving tax!
This can be hard to get your head around- give us a call on 01622 738165 and let us work out the best solution for you!







