TSEM1705 - Introduction to trusts: trust deeds: HMRC policy on trust deeds
By ‘trust deeds’ we mean any deed or supplementary deed (as described in TSEM1815 onwards) that relates to a trust. This guidance also covers documents such as court orders, Wills, and codicils.
Requesting and retaining deeds
There are a few specific circumstances where we ask to see trust deeds. Typically, we may want them during an enquiry (TSEM2160), or when the status of the trust is in question.
HMRC may receive a deed that we have not requested, taxpayers and agents should be aware that the submission of documents may not provide protection against a discovery assessment beyond that arising from the submission of the return alone.
The information contained in additional material may have been fully covered within the return, or, alternatively there may be so much material that the HMRC officer 'could not have been reasonably expected, on the basis of the information made available to them before that time, to be aware' (TMA70/S29(5)) of the particular point of liability, unless the taxpayer or agent had explained its relevance (see EM3200+).
Copies or originals
FA2008 Schedule 36, section 8(1) allows HMRC to accept copies of documents.
However, it may be appropriate to request the original document, for example, where details on the copy are unclear, incomplete, or there is doubt about its authenticity. There is guidance on requesting original documents at CH229900.
Commenting on a trust deed
It is not HMRC policy to advise on the interpretation of trust deeds. see TSEM1602 . It is the trustee's responsibility to interpret the terms of the trust, complete the tax return and self-assess accordingly. If they are in doubt, they should seek professional legal advice.