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Posted Mon, 01 Jul 2024 06:10:53 GMT by TL827
Hi, I'm a UK resident, and this is regarding a joint account I intend to open with my brother (who is not a UK resident), in an overseas bank. I understand that under normal circumstances, I would be liable to tax on 50% of the gains (interest and dividend income, and capital gains tax when an asset in the portfolio is sold). However, we wish to alter this arrangement such that I pay tax (in the UK) on the entire 100% of the gains instead of the 50/50 split. I understand that this can be achieved if we prepare a valid declaration of trust, in order to indicate that while we are both legal owners, beneficial ownership will be solely in my name. My questions are; 1) I believe a Form 17 is not required, as we are not spouses. Is this correct? 2) Should I keep the declaration of trust document in my possession until I am asked for it by HMRC, or does it need to be posted to HMRC? 3) Am I correct in understanding that this type of arrangement does not require registration, such as with the Trust Registration Service? 4) Am I correct in understanding that the only impact this will have on my self-assessment is the increase in reported gains (to 100% of gains instead of 50%)? My specific concerns are whether there will be any additional impact on the types of tax due, the tax structure, or the need to fill out any additional forms? Thank you
Posted Thu, 04 Jul 2024 07:22:57 GMT by HMRC Admin 25 Response
Hi TL827,
Form 17 would not be appropriate in situastions where joint ownership of an asset, is outside of married couples and civil partners.
You would need to send the declaration of trust to HMRC, for it to be considered.
Please have a look here:
TRSM23050 - Types of trust that need to be registered: contents: excluded express trusts: contents: property ownership
For the types of trust that need to be registered.
As you will be 100% owner of any interest arising from the account, you would declare 100% of the interest in a Self Assessment tax return.
Thank you. 

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