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Can I use Form 17 to split the income 90:10 in her favour

Question:

I have two properties in my sole name and am a 40% taxpayer, whereas my wife has no income at all. I am looking to enter her on the deed by transferring her 50% of the equity on these properties. She will be hit with a tax bill of £3,750 on £125,000, but we okay are with this. Can I then use Form 17 to split the income 90:10 in her favour?

Arthur Weller replies:
You can use the Form 17 to transfer 90% of the income to her. But you first need to actually transfer 90% of the house to her, and then submit the Form 17 within 60 days of the transfer. See https://www.gov.uk/hmrc-internal-manuals/trusts-settlements-and-estates-manual/tsem9800, in particular TSEM9850. In order to achieve this, you don't need to first transfer 50% to her.

I have two properties in my sole name and am a 40% taxpayer, whereas my wife has no income at all. I am looking to enter her on the deed by transferring her 50% of the equity on these properties. She will be hit with a tax bill of £3,750

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This question was first printed in Property Tax Insider in December 2017.