New registration requirements for trusts – what you need to do as a trustee, and by when? Despite having had very little publicity or media exposure, HMRC will be rolling out a new Trust Registration Service from 1st September 2022 which will require all trusts which were in existence on or after 6th October 2020 (with very limited exceptions) to be formally registered online. The consequences of not doing so by the 1st September deadline could be costly for the trustees, as HMRC will have the power to issue penalties similar to those that they already issue for the late filing of tax returns and the late payment of tax. There is no cut-off for the registration of historical trusts, and so the requirement to register applies not only to trusts created on or after 1st September but also to: – trusts that existed on 6th October 2020 irrespective of how long ago they were set up, and that are still in place now trusts that existed on 6th October 2020 but have since been wound up trusts that have been set up after 6th October 2020 irrespective of whether they are still in place now or have since been wound up, unless of course they fall within one of the recognised categories of trust that are exempt from the requirement to register. It does not apply, therefore, to: – trusts that were wound up before 6th October 2020 and so were no longer in existence on this date Trusts set up on or after 1st September which don’t come within any of the recognised exemptions will need to be registered within the first 90 days. For all registered trusts, the trustees will also be required to update HMRC about any changes affecting the trust. This too must be done within 90 days of the relevant change occurring, and so it will no longer be affiliated with the tax return filing deadline which is likely to catch out a number of people. Registration requires the trustees to appoint an agent or lead trustee to submit specific details about the trust, which will include: – Details of the trust assets, including addresses of UK properties. An approximate market valuation of assets held at the date that the assets were settled into trust. The identity of the original settlor(s), trustees, and any person exercising effective control over the trust. The identities/names of all beneficiaries who are either actual or potential beneficiaries. How can Morr & Co help? Should you require our assistance in arranging for an existing trust to be registered prior to the deadline, please download and complete this questionnaire and email to info@morrlaw.com with as much information as you can and our team will contact you with a quote and to confirm the next steps. If you have any further queries please contact a member of our trusts and estate management team or call 01737 854 500. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Olivia Storey Associate Solicitor Message Tags Insights On this page Contact our team today Contact Us
New registration requirements for trusts – what you need to do as a trustee, and by when? Despite having had very little publicity or media exposure, HMRC will be rolling out a new Trust Registration Service from 1st September 2022 which will require all trusts which were in existence on or after 6th October 2020 (with very limited exceptions) to be formally registered online. The consequences of not doing so by the 1st September deadline could be costly for the trustees, as HMRC will have the power to issue penalties similar to those that they already issue for the late filing of tax returns and the late payment of tax. There is no cut-off for the registration of historical trusts, and so the requirement to register applies not only to trusts created on or after 1st September but also to: – trusts that existed on 6th October 2020 irrespective of how long ago they were set up, and that are still in place now trusts that existed on 6th October 2020 but have since been wound up trusts that have been set up after 6th October 2020 irrespective of whether they are still in place now or have since been wound up, unless of course they fall within one of the recognised categories of trust that are exempt from the requirement to register. It does not apply, therefore, to: – trusts that were wound up before 6th October 2020 and so were no longer in existence on this date Trusts set up on or after 1st September which don’t come within any of the recognised exemptions will need to be registered within the first 90 days. For all registered trusts, the trustees will also be required to update HMRC about any changes affecting the trust. This too must be done within 90 days of the relevant change occurring, and so it will no longer be affiliated with the tax return filing deadline which is likely to catch out a number of people. Registration requires the trustees to appoint an agent or lead trustee to submit specific details about the trust, which will include: – Details of the trust assets, including addresses of UK properties. An approximate market valuation of assets held at the date that the assets were settled into trust. The identity of the original settlor(s), trustees, and any person exercising effective control over the trust. The identities/names of all beneficiaries who are either actual or potential beneficiaries.
