IN154 - Jointly held property: Approach to declarations about bank accounts and building society accounts

All bank accounts and building society accounts held jointly by married couples and civil partners in the UK are held by them as joint owners. In such accounts each owner is entitled jointly to the whole account, and any income from it is paid to both parties jointly. The property is not held in shares at all. So the couple cannot make an election under S282B ICTA 1988 in respect of such accounts.

If the form is used to try to make an election for bank accounts or building society accounts, and there is no further evidence supplied, you should return the form pointing out the guidance on page 1 of the form at 'Bank and Building Society accounts'.

If a married couple or civil partners want to hold money in bank accounts or building society accounts on an unequal basis, they will usually hold separate accounts. Exceptionally, a married couple or civil partners may decide to keep a joint account, but change the basis from 'joint ownership' to some other basis. If that is so, and they wish to make an election on form 17, they must submit evidence that they have legally changed the basis. In such cases, submit the case to HMRC Trusts Head Office Edinburgh.