TL827
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RE: Rental income transfer to my wife
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 -
Declaring unequal beneficial ownership of a joint account by declaration of trust
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