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Posted Tue, 15 Oct 2024 07:16:00 GMT by fhlquery
Hi, my wife and I own an FHL as tenants in common 50:50. Under existing FHL tax rules we can split beneficial interest as we see fit. With the upcoming abolition of FHL tax regime I would like to continue that my spouse maintains 100% beneficial interest. I understand this needs a Form 17 and declaration of trust. I have a few queries in this.... 1 Can the trust be split 100:0 or does one tenant in common require a share - i.e 99:1? 2 Does this split reflect on CGT payable by each tenant in common at a later date? 3 I think a 'declaration of trust' rather than 'deed of trust' is needed aswell as a Form 17. Is this correct? and can I do this myself or do I need a solicitor? Thanks,
Posted Tue, 22 Oct 2024 07:21:40 GMT by HMRC Admin 17 Response

Hi ,
 
Thank you for your question.  

1) The trust can be split 100/0 

2) CGT questions are not applicable to this forum 

3) A declaration of trust or deed of trust can be used and would be needed along with a form 17. 

You  can do this yourself or through a solicitor and the deed would need to be witnessed in accordance with HMRC guidance.

More information can be found at :

Trusts, Settlements and Estates Manual   .

Thank you .

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