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Posted Tue, 15 Oct 2024 11:03:40 GMT by Amolak Mann
Hi. I hope you are well. I would like some advice regarding tenant in common and changing the shares. If one party has a 75% share and the other a 25% I would like to change this share, From looking online it says to fill in form 17 but this only mentions spouse, The relationship between the parties is father and son and not spouse. Can you please advise. Kind regards
Posted Tue, 22 Oct 2024 07:53:18 GMT by HMRC Admin 17 Response

Hi ,
 
Thank you for your question.  

The form 17 can only be used for properties jointly owned by husband and wife/civil partners, so would not be applicable for you. 

Where there is no partnership,  the share of any profit or loss arising from jointly owned propertywill normally be the same as the share owned in the property being let.

But joint owners can agree a different division of profits and losses and so occasionally the share of the profits or losses will differ from the share of the property.

The share for tax purposes must be the same as the share actually agreed.

If you want to change to change your shares you need to write to HMRC and advise the share agreed.

Thank you .
Posted Tue, 22 Oct 2024 08:31:48 GMT by Amolak Mann
Hi. Thanks for your reply Admin 17. The property in question is not being let out/ has any profit. It is the family home in which the father and son live together. The son obtained the 25% share as tenant in common when the mother passed away. The father now wishes to make it so both parties are 50%(him and his son) tenants in common. What would be the appropriate methods to achieve this? Thanks
Posted Fri, 01 Nov 2024 11:59:22 GMT by HMRC Admin 20 Response
Hi,
Please refer to guidance at Joint property ownership
Thank you.

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