In 2017 HMRC created the Trust Registration Service (TRS), requiring trustees to register their trust if the trust was liable to pay any of the following taxes:
- Income Tax
- Capital Gains tax
- Inheritance tax
- Stamp duty land tax
- Stamp duty reserve tax
New rules were introduced in October 2020 which brought into scope nontax paying trusts in the UK and some Non-UK trusts. In response to the 4th Anti Money Laundering Directive, from 2022 onwards, details of persons associated with the trust need to be recorded. This was created for greater transparency regarding who held assets in the UK.
The information held on the TRS will be shared with organisations associated with combating money laundering, counter terrorist financing and other associated offences. The information will only be released in very limited circumstances.
All UK trusts (except for those trusts that have a specific exclusion) that were created after 6th October 2020 must be registered on the TRS by 1 September 2022. You must register your trust online at:
https://www.gov.uk/guidance/register-a-trust-as-a-trustee
Any trust created after the 1st September 2022 will need to register on the TRS within 90 Days. Failure to register your trust might result in a fine from HMRC.
The following is a list of information that you will need to register the trust:
Details about the trust:
- The name of the trust
- The date the trust was created
- Type of trust
- The trusts unique tax reference (if it has one)
- Details of shares held
- If a non-UK trust, is there a business relationship in the UK
- UK Land or property the trust has purchased
Details about the lead trustees:
- Name
- Date of Birth
- National Insurance Number (If the lead trustee is a UK citizen)
- Passport details for Non UK trustees
- Telephone number
- Country of residence
- Nationality of trustee
If the lead trustee is a business, you will need to provide:
- Organisation name
- Unique taxpayer reference
- Address
- Telephone number
- Email address
- Country of residence
Deceased Settlors
If the trust is comprised of assets that have been put into trust by a person who is now deceased, the following information will be required:
- Full name
- Date of birth
- Date of death
- Last known country of residence
- Last known country of nationality
In order to register the trust, you will need to have an email address.
We are unable to give any further guidance or answer any queries should you have any questions regarding the registration. If you are unsure as to whether or not your trust has a specific exclusion or not, then we suggest that you contact a solicitor or tax professional.
Full information on the TRS can be found at:
https://www.gov.uk/hmrc-internal-manuals/trust-registration-service-manual/trsm10000