Comms message for HMRC Stakeholder forums - Trust Registration Service Update
DEADLINES FOR REGISTERING A TRUST WITH HMRC
The deadline for registering most trusts on the Trust Registration Service (TRS) is 1 September 2022.
TRUSTS THAT ARE NOT TAXABLE
The deadline for registrations of non-taxable trusts that were in existence on 6 October 2020 is 1 September 2022. These trusts must be registered even if they have since been closed.
Non-taxable trusts created after 6 October 2020 must register within 90 days of being created or otherwise upon becoming registerable, or by 1 September 2022 (whichever is later).
TAXABLE TRUSTS CREATED ON OR AFTER 6 APRIL 2021
Taxable trusts must register within 90 days of the trust becoming liable for tax or by 1 September 2022 (whichever is later).
There are different registration deadlines for taxable trusts that were created before 6 April 2021, guidance for these types of trusts can be found at Personal tax: Trusts and Estates - detailed information - GOV.UK (www.gov.uk)
Further detailed technical information can also be found in the Trust Registration Service Manual.
REPORTING A DISCREPANCY IN TRUST REGISTRATION SERVICE DATA
From September 2022, Relevant Persons must ask trustees or agents who are engaging in a new business relationship with them to provide proof of registration on the Trust Registration Service.
A Relevant Person is an organisation working in a professional capacity that carries out due diligence checks under anti-money laundering regulations. Relevant Persons are also known as Obliged Entities.
The trustee or agent who is engaging in the business relationship will need to use the online service to download a PDF copy of a report to show proof of registration. This report can be emailed to the Relevant Person or alternatively, can be printed off.
If a Relevant Person finds a discrepancy in trust data when reviewing proof of registration, these organisations will seek to resolve this directly with the trustee or agent who is engaging in the business relationship in the first instance. For example, by pointing out the discrepancy and asking them to update the proof of registration and provide the updated version. If a Relevant Person cannot resolve the discrepancy directly with them, they must then report the discrepancy to HMRC.
HMRC will write to trustees if a discrepancy is reported, asking for the discrepancy to be resolved. If the trustee wishes for their agent to action the discrepancy letter, they must pass this onto their agent themselves.
Once the trustee or agent has made the appropriate changes, they should download a new proof of registration document and supply this to the Relevant Person. If the Relevant Person is satisfied that the discrepancy has been resolved, they can continue to engage in a business relationship with the trust.
Further details on the discrepancy reporting process will be shared via GOV.UK by 1 September 2022.
TRUST DATA REQUESTS
From September 2022, HMRC may share information on the Trust Registration Service (TRS) in limited circumstances with some third parties following a Trust Data Request. Trust Data Requests can be submitted on or after 1 September 2022.
LEGITIMATE INTEREST TRUST DATA REQUEST
Individuals or organisations must demonstrate that they are looking into a specific instance of money laundering or terrorist financing in relation to a specific trust, and that the information on the register that is the subject of the request will further that investigation.
OFFSHORE COMPANY TRUST DATA REQUEST
Data can be requested on a trust that holds a controlling interest in a non-EEA (‘third country’) company or other legal entity. A ‘controlling interest’ is usually where the trust holds more than 50% of the shares in the entity or can control it in some other way.
TRUST DATA THAT MAY BE SHARED
The information HMRC can share about a trust will be limited to the beneficial owners that are associated with the trust. For individuals, this includes the name, month and year of birth, country of residence, nationality, and their role in the trust.
For companies and other legal entities, the information will be limited to their name, office address and their role in the trust.
CIRCUMSTANCES WHERE HMRC WILL NOT SHARE DATA
HMRC will not share data on certain types of trusts, for example:
- Non-express taxable trusts that are registered only because of a liability to UK taxation and not also as a registerable express trust
- Express trusts which are excluded from registration, which are only registered because of their liability to UK taxation. A list of these can be found at TRSM23000
- Non-UK trusts with no trustees resident in the UK, that are registered only because they hold UK land or property
For legitimate interest Trust Data Requests, if HMRC deems that the legitimate interest has not been adequately demonstrated, HMRC will not share information on the register. Legitimate interest isn’t adequately demonstrated when:
- The requestor is not requesting data in order to further an investigation into a specified instance of money laundering or terrorist financing
- The information provided by the requestor does not sufficiently show reasonable grounds for suspicion of money laundering or terrorist financing on the specific trust on which the request has been made
For offshore company Trust Data Requests, if TRS records do not show that a controlling interest in an offshore company exists, HMRC will not share information held on the register.
HMRC will not share information on specific individuals if exemptions apply to them, this means if we have been made aware that the individual:
- is under 18
- lacks mental capacity
- Is at disproportionate risk of one of the following: fraud, kidnapping blackmail, extortion, harassment, violence or intimidation as a result of releasing that information.
Further details on trust data requests will be shared via GOV.UK by 1 September 2022.