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Posted Mon, 08 Jan 2024 12:06:14 GMT by
Hello, I have a sole own property with rental income. I prepared a declaration of Trust through solicitor to declare all income from that property would belong to my wife in Mar 2022. And I have registered the trust as trustee with HMRC in Oct 2023 (https://www.gov.uk/guidance/register-a-trust-as-a-trustee). I just found that there is another form 17 to declare beneficial interested in joint property and income. (https://www.gov.uk/government/publications/income-tax-declaration-of-beneficial-interests-in-joint-property-and-income-17) What is the correct way of doing such beneficial interest change of my property? 1) Register a trust as a trustee for my "declaration of trust" (I have already done it) 2) Close the registered trustee, submit form 17 with "declaration of trust) Thank you very much for your help.
Posted Wed, 10 Jan 2024 12:27:17 GMT by HMRC Admin 25
Hi cwyu,
Thank you for your question.
I can advise you that you have acted correctly in obtaining a Deed of Trust to show your wife's beneficial interest in the rental property.
A Form 17 would only be required if the rental property is partly owned by yourself and partly by your wife.
f the rental property is solely owned by you then a Form 17 election will not be required. 
Thank you. 
Posted Wed, 10 Jan 2024 15:05:55 GMT by
Dear Admin, Thank you for your clarification and confirming my procedure is correct. Follow-up questions: 1) for my wife, she just need to tell HMRC about the property rental income (not the income from the trust), right? 2) I register the deed of trust in HMRC and I am the trustee (since I don't have anyone to manage the trust). I opened a organization account and receive a UTR, but I didn't receive any income from this trust. Do I need to submit the self-assessment for this trust account? Thank you very much again !
Posted Mon, 15 Jan 2024 11:59:56 GMT by HMRC Admin 8
Hi,
Yes you are correct, your wife would declare her share of the rental income through their individual self-assessment tax return, not from the trust. Although no income was received through the Trust, we would advise to submit the self-assessment tax return for the trust account in addition.
Thankyou.

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