CG-APP18-140 - Part 1 Accessing the Capital Gains Tax (CGT) on UK Property Account: Trusts

1.4 Trusts

Trusts that become liable for CGT must be registered with the Trust Registration Service (TRS) before creating a CGT on UK Property Account. Details on the requirements to register a trust are set out in the Trust Registration Service Manual at https://www.gov.uk/hmrc-internal-manuals/trust-registration-service-manual .

Trustees can register for TRS at https://www.gov.uk/guidance/register-a-trust-as-a-trustee

Guidance on using TRS is available in the Trust Registration Service Manual https://www.gov.uk/hmrc-internal-manuals/trust-registration-service-manual

Trustees should use the Organisation Government Gateway user ID and password used to access TRS and the trust Unique Taxpayer Reference (UTR) or Trust Registration Number (TRN) to create their CGT on UK Property Account.

Corporate trustees should request a paper return – see 1.13.

There is no requirement for a UK resident trust to file a CGT on UK property return if there is no notional CGT liability in respect of a disposal.

However, trustees may choose to file a UK property return if they wish to make a claim for relief, such as private residence relief. A letter detailing the claim can be uploaded as an attachment to the online return or enclosed with the CGT on UK property paper return. If a Trust and Estate tax return is subsequently required, the reference of the CGT on UK property return where the claim was originally submitted can be provided in the ‘Additional information’ box.

1.41 Non-UK trusts

Non-UK trusts that become liable to non-resident Capital Gains Tax (NRCGT) must be registered with TRS before creating a CGT on UK Property Account.

Where trustees need to report a disposal of property or land but there is no NRCGT liability to pay, there is no requirement to obtain a trust UTR or TRN via TRS. In this circumstance, trustees can report using a paper return – see 1.13.