Unless a trust is imposed by a court or created through new legislation it is likely that registration is required. You must register with HM Revenue and Customs (HMRC) to claim tax relief, if a non-resident trust is liable for income or asset tax, and if liability might arise for any of the following:
Capital Gains Tax
Income Tax
Inheritance Tax
Stamp Duty Reserve Tax
Stamp Duty Land Tax or Land and Buildings Transaction Tax (in Scotland)
Land Transaction Tax (in Wales)
And with the introduction of new law, non-taxable trusts created after 1 September 2022 must be registered within 90 days of creation. From 1 September 2022, changes to the trust details and/or circumstances must also be notified within 90 days of the change.
The government has provided guidance on the trusts which do not need to be registered. An extensive explanation can be found at https://www.gov.uk/trusts-taxes/registering-a-trust, and list the following exceptions for a trust if it:
holds money or assets of a UK registered pension scheme - like an occupational pension scheme
holds life or retirement policies (as long as the policy only pays out on death, terminal or critical illness or permanent disablement, or to meet the healthcare costs of the person assured)
holds insurance policy benefits received after the person assured has died (as long as the benefits are paid out from the trust within 2 years of their death)
is a charitable trust that is registered as a charity in the UK or which is not required to register as a charity
is a ‘pilot' trust set up before 6 October 2020 and holds no more than £100 - pilot trusts set up on or after 6 October 2020 need to register
is a co-ownership trust set up to hold shares of property or other assets which are jointly owned by 2 or more people for themselves as ‘tenants in common'
is a will trust created by a person's will and comes into effect when they die (as long as they only hold the estate assets for up to 2 years after the person's death)
is for bereaved children under 18, or adults aged 18 to 25, set up under the will (or intestacy) of a deceased parent or the Criminal Injuries Compensation Scheme
is a ‘financial' or ‘commercial' trust created in the course of professional services or business transactions for holding client money or other assets
The type of registration required depends on whether the applicant is a trustee, an agent or registration of the estate of a deceased person is required. Rose & Trust can provide advice and assistance on such, often complex, matters. Contact us today to find out more.