How do I register a trust with HMRC?

An express trust is a trust created deliberately by a settlor, usually in the form of a document such as a written deed or declaration of trust. Express trusts can be created:

• to take effect during the settlor’s lifetime; or
• by will, to take effect on death

Legal responsibility for registration falls on the trustees, and it is a matter for trustees to decide and appoint a lead trustee to do this. Alternatively, trustees can appoint an agent, such as a solicitor, to register the trust.

The trustees are required to keep accurate and up-to-date written records of the beneficial owners, including settlors (the persons who established the trust), trustees, and beneficiaries. The lead trustee is also obliged to keep the register updated each year or when certain specific events occur.

The government website gov.uk provides guidance on when a trust needs to register and when it doesn’t. You can also register a trust through that website. Trustees may wish to seek professional advice from a solicitor or tax adviser on what these changes mean for the trust and whether the trust needs to be registered.

If you need further guidance on how to find an adviser who specialises in trusts please visit choosing a financial adviser or for a solicitor please visit Find a Solicitor - The Law Society. A fee is usually charged for services provided.

Trustees must enter details about:the lead-trustee

• the co-trustees
• the settlor
• the beneficiaries

A complete list of what information is needed is available on gov.uk.

All registrations for non-taxable express trusts in existence on or after 6 October 2020 now need to be registered.

Non-taxable express trusts created after 1 September 2022 must register within 90 days.

It’s a legal requirement to register the trust. As the registration requirement is a new and unfamiliar obligation for many trustees, there will be no penalty for a first offence of failure to register or late registration of a trust.

This is unless that failure is due to deliberate behaviour on the part of the trustees. Where failures to register are due to deliberate behaviour, a £5,000 penalty may be charged.

Yes, from 1 April 2023 HMRC are introducing requirements that mean trustees will need to provide evidence of trust registration at certain points during a policy’s lifetime. We will need to see proof before we can act on requests like putting a policy into trust, paying money out or accepting new money in.

You can download a PDF proof of registration document from TRS by selecting Get evidence of the trust’s registration.

The proof of registration will show the trust’s registration and all the beneficial owners listed within it — including beneficiaries, trustees and settlors.

We will not be able to act on requests like putting a policy into trust, paying money out or accepting new money in.

Yes. If any changes are made to the trust the register will need to be updated within 90 days of the event.

For example:

• death of the settlor;
• a change of trustee or beneficiary;
• closure of the trust; or
• a change of address of any of the parties to the trust

A digitally excluded trustee is someone who is unable to use HMRC’s online digital services. This could be for a number of reasons like age, disability, the remoteness of where a person lives or religion.

If the lead trustee is digitally excluded one of the other trustees can set up the necessary Government Gateway on their behalf. If all of the trustees are unable to use the digital service, the lead trustee should call the Trust Helpline 0300 123 1072 for help and support.

If the advisers on the helpline are unable to help they’ll ask HMRC’s Extra Support team to offer further support. The Extra Support team can see if the trustee could use the service with help so they are part of a digitally assisted user group.