HMRC Deadline for registering non-taxable trusts is just a week away

We urge all trustees to act immediately. It is now a legal requirement for Trustees to register all UK express Trusts, unless specifically excluded, and some non-UK express Trusts on HMRC’s Trust Registration Service (TRS) by 1st September 2022.

What is the Trust Registration Service?

TRS is a Register of Trusts kept by HMRC.

There is a legal obligation for Trustees, or their agents, to register their Trust online and provide HMRC with the information required. Trustees are then obliged to keep the information about the Trust up to date and advise HMRC within 90 days of any changes to the information on the register.

Does the Trust I am a Trustee of need to be registered?

All UK express Trusts need to be registered on the TRS, even if they do not produce income or are very small. Express Trusts are Trusts deliberately created by a Settlor, for example, by Will or Settlement Deed. The short answer is therefore yes, you will likely need to register your Trust with the TRS.

Some examples of the types of Trusts that need registering are:

• Deeds of Variation or Settlement Agreements containing a life interest trust or a discretionary Trust;
• A Will Trust set up for a minor child and the person who set up the trust is not a parent;
• Will Trusts not wound up within 2 years of death;
• Declarations of Trust where the legal and beneficial owners are different;
• Pilot Trusts set up after October 2020;
• Personal Injury Trusts;
• All Trusts which become liable for Capital Gains Tax, Income Tax, Inheritance Tax and Stamp Duty Land Tax

Even if you were a Trustee of a Trust that has now been wound up, if it was in existence on or after 6 October 2020 it may need to be registered on TRS and then immediately closed.

There are some types of Trusts that are not required to register, and we suggest you speak to our legal experts if you are unsure about whether you need to register your Trust or not.

What are the penalties if I do not register in time?

It has been suggested that there will be no initial penalty, but for subsequent offences there is a proposed penalty of £100 per offence. HMRC will enforce more stringent penalties if Trustees deliberately ignore their obligations and registration requirements.

To discuss any of the above with our Wills, Trusts and Probate team, please contact 01752 292201 or clientservices@wolferstans.com.