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A form 17 declaration can only be made by spouses/civil partners and not by any other individuals; married couples who are separated cannot make a form 17 declaration, the income attributable to them is based on the basis of their entitlement.
It may be possible to stop the declaration on Form 17 from having effect by making a small change of beneficial interest in the income or property, such as by one spouse transferring part of their beneficial interest to the other. The rule would then apply again unless another declaration is made.
If you own a home with your spouse or partner and want to change the distribution of your taxable income, you must complete this form. The property of the spouses/marital partners is generally shared on a basis, but Form 17 can be used to notify HM Revenue & Customs of your intention to declare otherwise.
Form 17 process The Form 17 procedure is used to formally notify HMRC that there is, in fact, a different underlying beneficial ownership in the asset in question, other than ? and that new split should be used to determine the split in income, for income tax purposes, from that point onwards.
When submitting Form 17 to HMRC we have to provide them with evidence of the uneven split and we do this by supplying them with a copy of the Deed of Trust. If you need to implement a Deed of Trust, the correct implementation is vital.