Skip to main content

News story

August 16, 2022

HMRC impose new obligations on trustees

Trustees must register their trust with the Trust Registration Service by 1 September 2021, even if it does not incur a tax liability.

What is the Trust Registration Service (TRS)?

In June 2017, HMRC created the TRS in response to the Fourth Money Laundering Directive. They were concerned that individuals could legally ‘hide’ assets within trusts.

The Fourth Anti-Money Laundering Directive introduced regulations to combat this and create transparency by imposing obligations on trustees. Trustees of certain trusts needed to disclose details of the settlor, all trustees, beneficiaries and trust assets to HMRC. The TRS created a mechanism to disclose this information to HMRC. However, at this point in time, not all trusts needed to be registered with the TRS.

What’s changed?

On 10 January 2020, the Fifth Money Laundering Directive was introduced and vastly extended the scope of trusts which needed to be registered with the TRS (and therefore disclosed to HMRC). The criteria were such that almost all trusts, even those that do not incur any tax liability, were required to register with the TRS.

What’s the deadline?

Accordingly, trustees are required to register their trust with the TRS on or before 1 September 2022.

Are there any penalties?

HMRC may issue a financial penalty if a trust is not registered by 1 September 2022. If you have a UTR number for a trust that was issued before the introduction of the TRS, you will still need to register the trust with the TRS.

How do I register a trust?

As a trustee, it is your legal responsibility to register the trust. You will need to nominate a lead trustee if there is more than one trustee. The lead trustee will become the main point of contact for HMRC. They will also be responsible for completing the registration process.

You can register the trust on the following website. If you have any difficulties, you can authorise RIAA Barker Gillette as your agent to register the trust on your behalf.

What’s next?

Once you register a trust, HMRC will use the lead trustee as a point of contact. If you need to change the register, for example, to change the address or a trustee, then the TRS must be updated within 90 days of the change.

Even if a trust is non-taxable, HMRC may send a notice to complete a tax return. The return must be completed and returned within the specified deadline. Late filing will, as always, result in a late filing penalty.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Family mediation and child arrangements
    What to do when you separate and there is no agreement in place for the children?


    Read more
  • Is your business acquisition ready?
    Is your business ready for an acquisition? Learn key considerations from corporate lawyer Evangelos Kyveris at RIAA Barker Gillette, including growth strategy alignment, financial readiness, logistical preparation, and professional assistance for a s


    Read more
  • Preventing sexual harassment
    Employers are facing a pivotal moment as they brace for new regulations regarding sexual harassment set to take effect in October 2024.


    Read more
  • Why employers need a reflective response to employee beliefs
    Recent tribunal judgments on the freedom to express gender-critical views highlight the growing challenge for employers in safely navigating discrimination in the workplace in the face of increasingly complex social attitudes.


    Read more
  • A spotlight on child arrangements in the UK
    Celebrating National Children’s Day.


    Read more

What they say...

  • Georgina, July 2024
    “We used Peter Wright to act as a conveyancing solicitor in a recent house purchase. We found him approachable, affordable, would return calls, give any necessary advice without being intrusive, and was very thorough in all investigations on th

  • Oggy, July 2024
    “An excellent, professional and importantly, symapthetic service imparted to me from Karen at a most stressful time.” Employment

  • Sarah and Luke Oubridge, July 2024
    “We could not be more happy with the service provided by Herman and his team. From start to finish, we felt listened to, understood and also shared a laugh. Huge thanks.” Wills, tax and trusts

  • Tim Blunn, June 2024
    “My Solicitor (Patrick Simpson) was easy to speak to and very informative throughout my case. I would 100% recommend RIAA Barker Gillette (UK) LLP for employment related issues.”

  • Sabrina, June 2024
    “…mentioned a few complex areas and I appreciated the honesty and clear guidance provided. I would recommend [Pippa Marshall] highly.” Family law – prenup advice

Read more
Send this to a friend