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Posted Wed, 27 Dec 2023 23:04:49 GMT by tnguyen129
Hi, My husband and I own a Buy-to-let property as joint tenants. The property has outstanding mortgages of £110,000. As my husband has become a high tax payers, we are thinking of serving a declaration of trust so that (1) We change from joint tenants to tenants in common (2) I can benefits 90% of the rental income and his is 10%. We have consulted solicitor and there will be no change in the mortgage or the deed of the house. In this case, do I have to pay any stamp duty land tax? if yes, how the consideration is calculated for stamp duty calculation? and When I should fill and pay for the stamp duty one? Thank you
Posted Thu, 04 Jan 2024 10:27:04 GMT by HMRC Admin 20 Response
Hi tnguyen129,
The information given by the Solicitor regarding no change to deed or mortgage is correct.
We are unable to answer your question regarding Stamp Duty and therefore advise you to contact the Stamp Duty helpline on 0300 200 3510
who will be able to answer your query in further detail.
Thank you.
Posted Sun, 21 Jan 2024 15:12:24 GMT by tnguyen129
Hi, Thank you for your response. We have submitted Form 17 with supporting document as the Deed of Decrlaration by post to HMRC in November 23. However, we have not hears from HMRC since then. How can I know if HMRC receive my post and when I can expect to hear about the confirmation? if there is postal issue can we calculate the income tax from date in declaration of trust or from date HMRC confirms? Thank you
Posted Tue, 23 Jan 2024 12:33:55 GMT by HMRC Admin 8 Response
Hi,
We would advise you that you will receive an acknowledgement in respect of your Form 17 election in due course.
Please note that the declaration on the Form 17 must reach HMRC within 60 days from the date of signature of the last spouse to sign in order for it to be valid from that date.
If you wanted HMRC to confirm that we have actually received the Form 17 then you would need to contact us by telephone on 0300 200 3310.   
Thankyou.

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