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Updates: Trusts, Settlements and Estates Manual

2024

27 November 2024 published amendments

Deceased persons: interests in residue: practical and computational aspects - residuary income

Updated to provide examples of what aggregate income of an estate does not include

Property held jointly by married couples or civil partners: The 50/50 rule: Income from furnished holiday lettings

Budget 2024 changes for FHL from 6 April 2025 included

20 November 2024 published amendments

Non-resident trusts: beneficiary’s chargeability - trust income: Extra Statutory Concession B18 - example

First sentence: additional text added to clarify that this calculation of relief relates to a scenario where there is a UK resident beneficiary of a non-UK resident trust (as per TSEM10405).

14 November 2024 published amendments

Introduction to trusts: request for advice or information: request for advice - is the trust taxable at the special trust rates?

Archived-internal process now within internal guidance

Introduction to trusts: request for advice or information: request for advice - is the trust settlor-interested?

internal procedures moved to internal work instructions.

Trust income and gains: enquiry into income from a trust - general

Archived-internal procedures moved to internal work instructions.

Trust income and gains: enquiry into income from a trust - how to check payments from a discretionary trust

Archived-internal procedure now included in internal guidance

Trust income and gains: enquiry into income from a trust - how to check entitlement from a non-discretionary trust

Archived-internal procedure now included in internal guidance

Archive-internal procedure now included in internal guidance

Trust income and gains: enquiry into income from a trust - how to check settlor's deemed income

Archived-internal procedure now included in internal guidance

Trust income and gains: enquiry into income from a trust: contents

Archive as internal procedure now included in internal guidance

Trust income and gains: Sub-fund elections - receipt of form SFE1

Archived-internal procedure now within internal guidance

Introduction to trusts: request for advice or information: when we might receive a request for advice

Clearance aspect now included

Introduction to trusts: trust deeds: HMRC policy on trust deeds

Links fixed and internal procedures removed

22 October 2024 published amendments

Trust income and gains: vulnerable beneficiaries - definition of a disabled person

Pension age disability payment (PADP) Scotland added effective from 21 October 2024

8 October 2024 published amendments

Deceased persons: administration periods: agreeing the tax liability

Informal criteria for residential property made clearer

24 September 2024 published amendments

20 September 2024 published amendments

Non-resident trusts: beneficiary’s chargeability: trust income - Extra Statutory Concession B18

Major change to this page to reflect the Court of Appeal judgment in Murphy & Linnett v HMRC.

21 August 2024 published amendments

Non-resident trusts: residence rules: trust residence for Income Tax and Capital Gains Tax purposes - periods from 6 April 2007

1. corrected incorrect reference to 2006 in first paragraph (replaced with 2007)
2. removed obsolete link to TSEM Appendix 1 in final paragraph. This guidance is in the TSEM from TSEM10055.
3. added link to TSEM10055 in last sentence.

Non-resident trusts: residence rules: trust residence for Income Tax and Capital Gains Tax purposes - periods from 6 April 2007 - changes during the tax year - examples

Replaced the phrase "A an individual" with "an individual (A)" in examples 1-3 for clarity.

Non-resident trusts: residence rules: difficulty with residence status of a trust

Added link to a page in the International manual (INTM604440) which provides HMRC staff with details of how to contact CS&TD BAI Personal Tax International.

Non-resident trusts: residence rules: professional trustees not resident in the UK - branch, agency or permanent establishment

Minor changes to punctuation for clarity. Also, replaced the word "agent" with "agency" several times for consistency.

Non-resident trusts: beneficiary’s chargeability - trust income - interest in possession trust - UK law

Added link to TSEM11100 at end of page.

Non-resident trusts: beneficiary’s chargeability - trust income - interest in possession trust - foreign law

1. added link to TSEM11100 in second paragraph.
2. added link to TSEM10423 in final paragraph.
3. added link to INTM604440 in final paragraph, for HMRC staff to seek advice from CS&TD Personal Tax International.

Non-resident trusts: - foreign law - Baker and Garland - list of countries

Removed duplicate entries in the page's table for Australia (New South Wales), Bahamas and Canada (British Columbia).

18 July 2024 published amendments

Deceased persons: intestacy: England and Wales - fixed sums

Updated to reflect July 2023 increase in net amount

22 April 2024 published amendments

Non-resident trusts: new non-resident trust: completed form 50FS not received -

Link to CG99998 replaced with 'Contacting Us page on the Capital Gains Network SharePoint site'

16 April 2024 published amendments

19 March 2024 published amendments

Deceased persons: capital gains

Budget update for CG rate on residential property now included

Deceased persons: conditions for informal payment procedures

Corrected s23B to s24b

13 March 2024 published amendments

12 March 2024 published amendments

28 February 2024 published amendments

Enquiry work: trusts - clearance on trust winding up

Redacted Internal process removed and wording updated for return process

Deceased persons: administration periods: returns: clearance procedure

Updated for self assessment enquiry dates

6 February 2024 published amendments

25 January 2024 published amendments

Deceased persons: administration periods: agreeing the tax liability

Updated to include that report needed if relief or deductions made

23 January 2024 published amendments

Deceased persons: what personal representatives do

Budget 2023 updates now included for the income of estates up to £500

Deceased persons: conditions for informal payment procedures

Fa2023 changes now included

Deceased persons: administration periods: agreeing the tax liability

FA23 info now included for £500 tax free amount

Deceased persons: absolute interests in residue - tax rules

FA23 £500 TAX FREE INCLUDED

2023

22 December 2023 published amendments

21 December 2023 published amendments

Deceased persons: capital gains

Historic rates removed and link fixed

Deceased persons: conditions for informal payment procedures

Budget 2023 measure included and link fixed

Deceased persons: administration periods: agreeing the tax liability

Budget 2023 aspect for £500 income included links fixed

Deceased persons: beneficiaries of estates - the appropriate guidance

Links fixed, grammar corrected and internal references removed

Deceased persons: absolute interests in residue - tax rules

Historic ref removed and link fixed

Deceased persons: absolute interests in residue - liability during the administration period

Historic reference and link removed

Finance Act 2023 included

Deceased persons: limited interests in residue - discretionary interests in residue - definition

Link to SP4/93

20 December 2023 published amendments

19 December 2023 published amendments

Deceased persons: what personal representatives do

Updated for Budget 2023 measure effective form 6 April 2024

CG on residential property now linked to gov.uk

Deceased persons: mixed residence personal representatives

Pre 1990 rules removed can be found in archives

Deceased persons: tax reliefs for personal representatives

Budge changes included and miras mention for pre 2000 removed

14 December 2023 published amendments

29 November 2023 published amendments

22 November 2023 published amendments

16 November 2023 published amendments

Introduction to trusts: new trust: new trust claims charitable status

Correct Charities mailbox added for internal users only

15 November 2023 published amendments

Trust income: trustees receive mineral royalties

Spacing fixes at each paragraph and internal users only inserted for Technical referral

6 November 2023 published amendments

Deceased persons: tax arrears when estate distributed

Internal user message and contact info redacted

Deceased persons: tax chargeable - no probate or letters of administration

Internal users info redacted and minor grammar fixes

28 September 2023 published amendments

13 September 2023 published amendments

Deceased persons: beneficiaries of estates - tax rules

FA23 aspects for grossing up estate income now included

25 July 2023 published amendments

Settlements legislation: trustee or beneficiary entitled to share tax repayment

Error in calculation was out by £180 now fixed

Error in calculation was out by £180 now fixed

13 July 2023 published amendments

6 July 2023 published amendments

5 July 2023 published amendments

1 June 2023 published amendments

Settlements legislation: partnerships

Hyperlink corrected

Deceased persons: voluntary returns

Link to legislation added and redaction removed

Deceased persons: administration periods: agreeing the tax liability

Now includes when no need to report tax

30 May 2023 published amendments

Property held jointly by married couples or civil partners: Form 17 rule - strict time limit

Re-write to clarify Form 17 declaration and removed redaction

25 May 2023 published amendments

Settlements legislation: taxing income on settlor

Legislation link inserted with historic mention removed

Legislation link inserted with historic mention removed

24 May 2023 published amendments

10 May 2023 published amendments

5 April 2023 published amendments

2022

3 November 2022 published amendments

2 November 2022 published amendments

Settlements legislation: certification under ITTOIA/S646(2)

Update to correct legislation. Operations aspects removed

Settlements legislation: wording of certificate under ITTOIA/S646(2)

Corrected legislation in title. Operational aspect removed

17 October 2022 published amendments

6 September 2022 published amendments

27 July 2022 published amendments

19 July 2022 published amendments

8 June 2022 published amendments

Settlements legislation: transfer of assets abroad

Corrected team contact

Fixed link

10 February 2022 published amendments

Trusts, Settlements & Estates Manual: recent changes

Page archived – Old legacy update page no longer required.

Trusts, Settlements & Estates Manual: recent changes

Page archived – Old legacy update page no longer required.

Trusts, Settlements & Estates Manual: recent changes

Page archived – Old legacy update page no longer required.

Trusts, Settlements & Estates Manual: recent changes

Page archived – Old legacy update page no longer required.

Trusts, Settlements & Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Page archived – Old legacy update page no longer required

Trusts, Settlements & Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements & Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements & Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements & Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements and Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements and Estates Manual: Recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements and Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements & Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements and Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements and Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements and Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements and Estates Manual: recent changes

Page archived – Old legacy update page no longer required

Trusts, Settlements and Estates Manual: update index

Page archived – Old legacy update page no longer required

Trust income and gains: vulnerable beneficiaries: claims to special tax treatment: computing the amount of relief: income tax - part years example

Table heading included

Trust management expenses: IIP trusts: IIP beneficiaries: tax law: order of set-off: example

Accessibility review

Spacing

Trust management expenses: IIP trusts: IIP beneficiaries: tax law: form R185 (Trust Income)

Accessibility review

26 January 2022 published amendments

2021

27 October 2021 published amendments

2 September 2021 published amendments

13 May 2021 published amendments

2020

4 August 2020 published amendments

29 July 2020 published amendments

2019

11 December 2019 published amendments

5 December 2019 published amendments

4 December 2019 published amendments

Trust income and gains: the charge on trustees : standard rate band - income and certain capital receipts

Interest and dividends paid net now removed

sub heading updated

heading updated

3 October 2019 published amendments

Deceased persons: mixed residence personal representatives

correct team contact

Deceased persons:

Archived process out of date

Deceased persons:

Archiving reason text added

Deceased persons:

Page archived

6 August 2019 published amendments

25 July 2019 published amendments

13 May 2019 published amendments

Settlements legislation: certificate under ITTOIA/S538

change of team contact details

Contact point update

4 April 2019 published amendments

Deceased persons: voluntary returns

new title-legislation changes

short title

25 March 2019 published amendments

6 February 2019 published amendments

17 January 2019 published amendments

2018

14 December 2018 published amendments

Introduction to trusts: legal background - trust law: whether a trust exists

Far more info added.

Introduction to trusts: new trust: new trust claims charitable status

Connecting links to TSEM page

Introduction to trusts: new trust: new appeal fund

Added link to TSEM1420

Enquiry work: general - about the Compliance Handbook

Hyperlink fix

Enquiry work: trusts and estates - selecting a case for enquiry

Hyperlink fix

Enquiry work: trusts and estates - time limit for enquiries

Hyperlink fixed

Trust income: trustees receive mineral royalties

Changes to account for new legislation.

Trust income and gains: Sub-fund elections - the election form SFE1

Amended HMRC link and added office to send completed form.

Trusts for particular purposes: employment-related trusts - types

Updated to reflect revised links and next review date

Trusts for particular purposes: employment-related trusts - trust that an employer makes in favour of an individual

hyperlink change and Trust office updated

Deceased persons: year of death- income arising to date of death

Hyper links updated and additional information provided

Deceased persons: tax reliefs for personal representatives

formatting errors only-reference to capital tax removed

Deceased persons: small estates: issuing returns

format

Deceased persons: interests in residue: practical and computational aspects: introduction

review date

Deceased persons: interests in residue: practical and computational aspects - death of beneficiary

include technical team

Deceased persons: interests in residue: practical and computational aspects - legal rights in Scotland

Hyperlink fixed

Deceased persons: intestacy - no letters of administration

Updated hyperlink

Deceased persons: intestacy: general - distribution of estate

New office noted and hyperlinks recreated

Deceased persons: intestacy: England and Wales - surviving spouse or civil partner

Full re-write for new legislation

Deceased persons: intestacy: England and Wales - fixed sums

Technical re-write included

Deceased persons: intestacy: England and Wales - division of estate

Technical re-write

Deceased persons: intestacy: Northern Ireland - surviving spouse or civil partner

Full tech re-write plus hyperlinks added

Deceased persons: intestacy: Northern Ireland - fixed sums

re-write per tech and hyperlink re-instated

8 November 2018 published amendments

Deceased persons: final year`s liability

Archived form decommissioned

Updated to reflect current process

Deceased persons:

archived as out of date

archived

13 September 2018 published amendments

26 July 2018 published amendments

1 May 2018 published amendments

Deceased persons: tax arrears when estate distributed

New contact details

Enquiry work: general - about the Enquiry Manual

Archived as linked guidance no longer applicable

26 April 2018 published amendments

4 April 2018 published amendments

3 April 2018 published amendments

8 March 2018 published amendments

21 February 2018 published amendments

Deceased persons: taxed income and gains

Removed outdated hyperlink

Deceased persons: mixed residence personal representatives

layout , grammar & office change of name

20 February 2018 published amendments

Deceased persons: documents

Procedure aspects removed & reference to folder now obsolete

6 February 2018 published amendments

Trusts for particular purposes: employment-related trusts - new EFRBS trust

Archived procedural aspects and Pension reform changes

17 January 2018 published amendments

Trusts for particular purposes: flat management companies - S42 Landlord and Tenant Act 1987

Amended to reflect the removal of tax deducted at source.

Trusts for particular purposes: employment-related trusts - guidance

Updated to reflect other amendments to the manual

Next review date updated

Trusts for particular purposes: employment related trusts - general employee benefit trusts

Wording and review date updated

Trusts for particular purposes: employment-related trusts - new general employee benefit trusts

Updated to reflect Trust Registration Service. Operational guidance removed

Trusts for particular purposes: new employer sick pay scheme

Operational aspect removed

changed formats

Trusts for particular purposes: employment-related trusts - educational trusts

Operational aspects removed

format changes

Trusts for particular purposes: employment-related trusts: retirement benefits schemes - lump sum death benefit

Operational aspects removed. TRS included

Trusts for particular purposes: employment related trusts - retirement benefits schemes and registered pension schemes

The contents have been updated to reflect operational and Legislation changes

formatting

Trusts for particular purposes: employment-related trusts - approved retirement benefits schemes and registered pension schemes

The contents have been archived and guidance included in the revised TSEM5220

Trusts for particular purposes: employment-related trusts - employer-financed retirement benefits schemes

Archived as information now included within revised TSEM5220

Trusts for particular purposes: employment related trusts - unfunded employer-financed retirement benefits schemes

Updated to remove procedural aspects

2017

13 December 2017 published amendments

13 October 2017 published amendments

Deceased persons: the office that deals with the liability

Removed some irrelevant content and added Cardiff office

9 October 2017 published amendments

25 July 2017 published amendments

Settlements legislation: contents

Added page TSEM4004

24 July 2017 published amendments

Introduction to trusts: new trusts: use of form 41G(Trust)

Page archived

Introduction to trusts: new trusts: contents

Links to 169129, 169130,169131, 169132, 169133 archived

New pages added to Contents page 1402 & 1403

15 June 2017 published amendments

Deceased persons: small estates: issuing returns

Removed irrelevant content added Cardiff office

19 April 2017 published amendments

18 April 2017 published amendments

13 April 2017 published amendments

Introduction to trusts: new estates: complex estates

Removed Edinburgh, Nottingham addresses and Trusts & Estates Redruth and added Cardiff's address.

Introduction to trusts: new trust: new trust claims charitable status

Amended Nottingham's title

Introduction to trusts: new trust: new appeal fund

Changed TSEM 1410 to 1420.

30 March 2017 published amendments

23 March 2017 published amendments

16 March 2017 published amendments

14 March 2017 published amendments

7 March 2017 published amendments

Deceased persons: definition of period of administration

Address change in last paragraph change from Edinburgh to Cardiff.

Address change in last paragraph from Edinburgh to Cardiff.

1 March 2017 published amendments

Trust Income and Gains: Table of contents

Link to Single notice & single declaration arrangement for trusts archived

27 February 2017 published amendments

Table of contents: Single notice & single declaration arrangements for trusts

Table of contents: Single notice & single declaration arrangements for trusts archived

11 January 2017 published amendments

2016

31 October 2016 published amendments