TSEM9860 | Property held jointly by married couples or civil partners: Form 17 rule - when declaration takes effect: normal case

Income from property included in the Form 17 declaration is split in the new way from the date of the Form 17 declaration (which is the date the Form 17 declaration was signed by the last spouse or civil partner to sign) provided the notice of declaration reaches HMRC within 60 days of the date it was signed.

For example, the husband signs on 10 June 2023, and the wife signs on 20 June 2023; the declaration applies to income that arises on and after 20 June 2023 provided the Form 17 declaration reaches HMRC within 60 days of 20 June 2023.

A Form 17 declaration that is late is invalid (see TSEM9862); it has no effect at all. The couple must make a further Form 17 declaration and send it to HMRC within the 60 day time limit if they want income to be split on the basis of actual entitlement. Only income that arises after the date of the Form 17 declaration is covered.