Currently, all taxable trusts are registered with the HMRC's Trust Registration Service ("TRS"). However, by 1 September 2022 non-taxable express trusts that were in existence as of the 6 October 2020 must be registered with the TRS unless they are exempt trusts. This includes trusts that have been wound up before 1 September 2022.

Going forward all trusts, save for trusts created by a Will must be registered within 90 days of creation. Will trusts, if there are still in existence must be registered by the 2nd anniversary of the death of the deceased person.

The following are examples of trusts that must be registered with the TRS:-

• Discretionary Trusts
• Life Interest Trusts
• Interest in Possession Trusts
• Pilot Trusts
• Co-Ownership Trusts

Trusts that are exempt from registration may include those created as a result of legislation, bereaved minors’ trusts, life or retirement policy trusts, some personal injury trusts, co ownership trusts where the legal owners and beneficial owners are the same.

It is the Trustees responsibility to register the trusts with the TRS, failing which the HMRC may charge penalties. However, it is not known at the current time what these penalties may be.

As a Trustee you can register details of the trust and continue to manage the trust details yourself via www.gov.uk. Alternatively, you may instruct an agent such as your accountant or financial advisor to assist you with the trust registration process.

If you are a Trustee or beneficiary and are unsure whether the trust you are involved with requires registration, please do not hesitate to contact Samantha Lowthorpe in our Wills, Probate & Trust department on 01482 324252 to discuss further.

Need advice? Get in touch today

If you would like further information or require advice in relation to the contents of this blog, please contact Samantha or a member of our Wills and Trusts team today:

Telephone: 01482 324252 or email:sjl@gosschalks.co.uk