Declaration of beneficial interests in solely held property

Trusts Discussion
1

I am aware that for jointly held property between husband and wife, in order to displace the presumption that they will be assessed to income as to 50:50, a form 17 is provided to HMRC with evidence such as a declaration of trust.
Where a property is legally held solely by one spouse eg the wife but the wife wishes to beneficially hold the property on behalf of both herself and her husband (through a declaration of trust), what is the mechanism/form to demonstrate to HMRC to lead to that couple being subject to income tax in accordance with their relevant beneficial interests in the property?

Paul Green
Child & Child

2

Hello, was there ever a response to this or did you manage to find the solution?

Thanks

3

ITA 2007 s 836 provides:

“836Jointly held property
(1)This section applies if income arises from property held in the names of individuals—
(a)who are married to, or are civil partners of, each other, and
(b)who live together”

If the property is held in one spouse name only, s836 is not in point. It has to be held in both names.

Malcolm Finney