TRSM21010 - Types of trust that need to be registered: contents: introduction and definitions: contents: what types of trust are required to register

There are two reasons whereby a trust may be registrable on the Trust Registration Service (TRS):

As a registrable express trust:

• All UK express trusts, and some non-UK express trusts, are required to register (see TRSM22000), unless explicitly excluded from registration as an ‘excluded express trust’ (TRSM23000).
  • What are UK and non-UK trusts? See TRSM21020
  • What is an express trust? See TRSM21030

As a registrable taxable trust:

• UK and non-UK trusts with a liability to UK taxation are required to register, even if not required to register as registrable express trusts. See TRSM25000.

A trust may fall within one or both of these categories - If a trust meets either of these requirements, the trustees must register the trust with TRS and provide certain information on the trust, as set out at TRSM32000 onwards.

In general, non-express trusts are not required to register on TRS. Express trusts may have to register, depending on the type of trust and where the trust and trustees are resident.

However, regardless of whether the trust is express or non-express, all trusts will use TRS to register with HMRC if the trust has a UK tax liability arising from UK income or UK assets.

The trustees of registrable taxable trusts and registrable express trusts are thereafter required to keep the information held on TRS up to date. The conditions for registration, and the information required, are different for these two routes.

Estates

Additionally, personal representatives of estates may have to register the estate in some circumstances where they need to complete and submit a return for the administration period following a death, see TRSM27000.