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Contents

Official guidance
Trusts, Settlements and Estates Manual

TSEM9900 · Ownership and income tax: Specific types of property - contents

  • TSEM9905 · Ownership and income tax: Specific types of property - introduction
  • TSEM9910 · Ownership and income tax: Specific types of property: land and buildings - legal title
  • TSEM9912 · Ownership and income tax: Specific types of property: land and buildings - express trusts
  • TSEM9914 · Ownership and income tax: Specific types of property: land and buildings - implied trusts
  • TSEM9916 · Ownership and income tax: Specific types of property: land and buildings - joint ownership
  • TSEM9918 · Ownership and income tax: Specific types of property: land and buildings - taxation of rental income
  • TSEM9920 · Ownership and income tax: Specific types of property: land and buildings - examples
  • TSEM9921 · Ownership and income tax: Specific types of property: land and buildings: example 1 - legal owner not as claimed
  • TSEM9922 · Ownership and income tax: Specific types of property: land and buildings: example 2: sole name - valid declaration of trust
  • TSEM9923 · Ownership and income tax: Specific types of property: land and buildings: example 3: sole name - Settlements legislation
  • TSEM9924 · Ownership and income tax: Specific types of property: land and buildings: example 4: sole name: contributions by A and B - resulting trust
  • TSEM9925 · Ownership and income tax: Specific types of property: land and buildings: example 5: sole name: contributions by A and B but loan by B - no resulting trust
  • TSEM9926 · Ownership and income tax: Specific types of property: land and buildings: example 6: sole name - no resulting trust
  • TSEM9927 · Ownership and income tax: Specific types of property: land and buildings: example 7: sole name - taxpayer claims constructive trust
  • TSEM9928 · Ownership and income tax: Specific types of property: land and buildings: example 8: sole name - Settlements legislation
  • TSEM9929 · Ownership and income tax: Specific types of property: land and buildings: example 9: joint names of husband and wife - 50/50 rule applies
  • TSEM9930 · Ownership and income tax: Specific types of property: bank and building society accounts - legal and beneficial ownership
  • TSEM9932 · Ownership and income tax: Specific types of property: bank and building society accounts - joint ownership
  • TSEM9934 · Ownership and income tax: Specific types of property: bank and building society accounts - taxation of interest
  • TSEM9940 · Ownership and income tax: Specific types of property: bank and building society accounts: - examples
  • TSEM9941 · Ownership and income tax: Specific types of property: bank and building society accounts: example 1 - account for minor
  • TSEM9942 · Ownership and income tax: Specific types of property: bank and building society accounts: example 2 - account for minor
  • TSEM9943 · Ownership and income tax: Specific types of property: bank and building society accounts: example 3 - account for minor
  • TSEM9944 · Ownership and income tax: Specific types of property: bank and building society accounts: example 4: sole name - valid declaration of trust
  • TSEM9945 · Ownership and income tax: Specific types of property: bank and building society accounts: examples 5: sole name - taxpayer claims oral trust
  • TSEM9946 · Ownership and income tax: Specific types of property: bank and building society accounts: example 6: joint names - disabled relative
  • TSEM9947 · Ownership and income tax: Specific types of property: bank and building society accounts: example 6: joint names - resulting trust
  • TSEM9948 · Ownership and income tax: Specific types of property: bank and building society accounts: example 7: joint names - resulting trust
  • TSEM9949 · Ownership and income tax: Specific types of property: bank and building society accounts: example 8: joint names - resulting trust
  • TSEM9950 · Ownership and income tax: Specific types of property: bank and building society accounts: example 9: joint names - resulting trust
  • TSEM9951 · Ownership and income tax: Specific types of property: bank and building society accounts: example 10: joint names - declaration of trust
  • TSEM9952 · Ownership and income tax: Specific types of property: bank and building society accounts: example 11: joint names of married couple - 50/50 rule applies
  • TSEM9953 · Ownership and income tax: Specific types of property: bank and building society accounts: example 12: joint names of civil partners - form 17 rule applies
  • TSEM9954 · Ownership and income tax: Specific types of property: bank and building society accounts: example 13 - Solicitors designated client account
  • TSEM9960 · Ownership and income tax: Specific types of property: shares - legal and beneficial ownership
  • TSEM9962 · Ownership and income tax: Specific types of property: shares: legal and beneficial ownership - joint ownership
  • TSEM9964 · Ownership and income tax: Specific types of property: shares - taxation of dividends
  • TSEM9970 · Ownership and income tax: Specific types of property: shares - examples
  • TSEM9971 · Ownership and income tax: Specific types of property: shares: example 1: sole name - valid declaration of trust
  • TSEM9972 · Ownership and income tax: Specific types of property: shares: example 2: sole name - declaration of trust does not cover years in question
  • TSEM9973 · Ownership and income tax: Specific types of property: shares: example 3: sole name - Settlements legislation
  • TSEM9974 · Ownership and income tax: Specific types of property: shares: example 4: joint names of married couple - 50/50 rule does not apply
  • TSEM9975 · Ownership and income tax: Specific types of property: shares: example 5: joint names - siblings
  • TSEM9976 · Ownership and income tax: Specific types of property: shares: example 6: joint names - more than two names
  • TSEM9977 · Ownership and income tax: Specific types of property: shares: example 7: joint names - 50/50 rule applies
  • TSEM9978 · Ownership and income tax: Specific types of property: shares: example 8: joint names of civil partners - 50/50 rule applies
  1. Ownership and income tax: Specific types of property - contents
  2. Ownership and income tax: Specific types of property: land and buildings - joint ownership

TSEM9916 | Ownership and income tax: Specific types of property: land and buildings - joint ownership

From HM Revenue & Customs · Trusts, Settlements and Estates Manual

A maximum of four persons can be registered as legal owners in the register of land (S34 Trustee Act 1925).

When property is held jointly, there is a presumption in law that the property is held as joint tenants (TSEM9210).

Where property is purchased for investment purposes it is likely that a joint tenancy will be rebutted by evidence that the investors wanted their investment to pass under the terms of their will in the event of death rather than to the surviving owner/s.

Land Registry form TR1(TSEM9910) provides a box for joint-transferees to declare whether they are to hold the property on trust for themselves as joint tenants, or on trust for themselves as tenants in common in equal shares, or on some other trusts which are inserted on the form. If this is complied with, you can accept what it says. (The transfer will be valid whether or not this part of the form is completed.)

The Land Registry provides guidance on joint ownership: Land Registry Public Guide 18 Joint property ownership

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