The Trust Registration Service (TRS) is a register of the beneficial ownership under trust arrangements. The requirement to register trusts started in 2017 and its scope widened on 6 October 2020. These latest changes are likely to bring many more non-UK trusts within the scope of TRS. This guide details the requirements for non-UK trusts only.
Definition of a non-UK trust
A non-UK trust is any trust which is not a UK trust. A trust is defined as a UK trust if the following apply:
- All trustees are residents in the UK*; or
- There is a mixture of UK and non-UK resident trustees and the settlor was resident and domiciled in the UK when the trust was set up, or when the settlor added funds to the trust. Deemed domicile status is ignored for this purpose.
*A trustee is a UK resident if either:
- It is a UK body corporate
- They are an individual who is UK resident for the purposes of one or more of the following taxes:
- Income Tax
- Capital gains tax
- Inheritance tax
- Stamp duty land tax
- Land and buildings transaction tax (Scotland)
- Land transaction tax (Wales)
- Stamp duty reserve tax
Stephanie Parker, Trust Director, outlines topics such as the types of non-UK trusts that need to be registered and trusts with a UK tax liability in our guide below.
