What trusts need to be registered with HMRC?
Answered 17 March 2026
What Trusts Need to Be Registered with HMRC?
All trust registration must be done through the Trust Registration Service (TRS). There are two routes to registration: as a registrable express trust and/or as a registrable taxable trust.
HMRC Guidance / Practice
1. Registrable Express Trusts (including non-taxable trusts)
All UK express trusts, and some non-UK express trusts, are required to register on TRS unless explicitly excluded as an 'excluded express trust' (TRSM23000).
New rules introduced on 6 October 2020 extended the scope of the trust register to UK and some non-UK trusts, regardless of whether or not the trust is liable to pay any tax.
For non-UK express trusts, registration is triggered where:
- The trust is liable to UK taxation as a result of receiving UK source income or holding UK assets; or
- At least one trustee is UK resident and the trustees enter into a business relationship with a UK relevant person; or
- The trustees acquire land or property in the UK.
Specifically, for non-UK express trusts, the acquisition of UK land on or after 6 October 2020 triggers the requirement to register.
For non-taxable trusts, TRS provides the route for trustees to meet their money laundering registration obligations under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.
2. Registrable Taxable Trusts
Trusts are required to register as taxable trusts if both of the following apply:
- The trust is a 'relevant trust' (see TRSM25020); and
- The trust has a liability to UK taxation in any given year (see TRSM25030).
Originally (from 2017), trustees were required to register if the trust was liable to pay any of the following taxes: income tax, capital gains tax, inheritance tax, Stamp Duty Land Tax (or Land and Buildings Transaction Tax in Scotland), or Stamp Duty Reserve Tax.
Importantly, the exclusions that apply to registrable express trusts do not apply to taxable trusts — a trust with a UK tax liability must register regardless.
3. Specific Trust Types
| Trust Type | Position |
|---|---|
| Discretionary trusts | No specific exclusion — generally must register on TRS |
| Bare trusts | No specific exclusion — generally must register if an express trust, though several exclusions may apply. Not usually required to register for taxable purposes as tax liability falls on beneficiaries |
| Interest in possession trusts | No specific exclusion, but a trust created by will is excluded for two years from the date of death |
| Registered pension schemes, authorised unit trusts, statutory trusts | More complicated arrangements requiring additional consideration before determining whether registration is required |
| Estates | Not subject to registration under the Money Laundering Regulations, but some estates must register if the personal representatives need to complete a Self Assessment Trust & Estate tax return |
4. Registration Deadlines
| Trust Type | Deadline |
|---|---|
| Non-taxable express trusts (from 6 Oct 2020) | Within 90 days of becoming registrable |
| Taxable trusts created on or after 6 April 2021 | Within 90 days of becoming liable to tax (or by 1 September 2022 if later) |
| Taxable trusts created before 6 April 2021 | By 31 January (or 5 October for first-time IT/CGT liability) following the end of the relevant tax year |
| Trusts liable to CGT on UK residential property | Must register before submitting the CGT on UK property account (within 60 days of sale) |
Note: Trusts that have ceased but were registrable (including those that incurred a tax liability) are still required to register, after which the trust record can be immediately closed.
For the full list of excluded trusts, see TRSM23000 in the Trust Registration Service Manual.
Citation sources
This section sets out the deadlines for registration and updating information held on the Trust Registration Service (TRS). Registration Deadlines Non-taxable trusts Since 6 October 2020, all registrable non-taxable express trusts must register within 90 days of becoming registrable. This includes trusts that were in existence on or after 6 October 2020 but have since ceased. Trustees should register such trusts on TRS with the required information and then are able to immediately close the trus
Assets in a bare trust are held in the name of a trustee. However, the beneficiary has the right to all of the capital and income of the trust at any time if they’re 18 or over (or 16 or over in Scotland). This means the assets donated by the settlor will always go directly to the intended beneficiary. See TSEM1563 for further information on bare trusts. Trustees of a bare trust are often referred to as ‘nominees’, especially if the assets held by the nominee are shares in a limited company. The
The Trusts Registration Service (TRS) provides a single point of access for trustees and their agents to register and update trust records online, replacing form 41G(Trust), which was decommissioned on 30 April 2017. The service provides a single online route for trusts to comply with their tax obligations as well as implement the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. At first set up in 2017, trustees were req
These are where the trustees have discretion to make decisions about how to use the capital and income of the trust. There is no specific exclusion from registration for discretionary trusts. In general, discretionary trusts should register on TRS. However, there are several exclusions that could apply, depending on the terms and use of the trust (see TRSM23000 onwards). Regardless of the above, the trust may have to register for taxable purposes if it has a UK tax liability (see TRSM25000).
This section provides details of the information required of trustees about a trust. TRSM20000 sets out the trusts that are required to register on the Trust Registration Service (TRS). The particular reason for registration of the trust will affect the information required to be provided by the trust on registration and the information required to be kept up to date or provided on changes to the trust’s circumstances. For taxable trusts, TRS provides a single online route for trusts and complex
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
Certain trusts have more complicated arrangements that need to be considered before determining whether or not they should be registered on the Trust Registration Service (TRS). The following pages set out additional considerations for: Registered Pension Schemes Authorised Unit Trusts Statutory Trusts Where a tax relief is claimed.
For non-UK express trusts the acquisition of UK land by the trustees on or after 6 October 2020 triggers the requirement for registration. The trustees of a trust are treated as acquiring UK land when one or more of the trustees become registered: with HM Land Registry as the proprietor of a freehold estate in land or of a leasehold estate in land granted for a term of more than 7 years from the date of the grant; with the Land Register of Scotland as the proprietor of land or as the tenant unde
A ‘relevant trust’ is any one of the following: a UK express trust (see TRSM21020 and TRSM21030); a non-UK express trust which is liable to UK taxation as a result of receiving UK source income or holding assets in the UK (see TRSM25030); or any other non-UK express trust which is not excluded by the exclusions listed at TRSM23000 onwards, where one of the following applies: at least one trustee is UK resident and the trustees enter into a business relationship with a UK relevant person (see TRS
surviving spouse or civil partner) the right to benefit from the deceased’s assets for their lifetime, with the assets then passing under the terms of the deceased’s will to a different individual (for example, a surviving child). There is no specific exclusion from registration for express trusts that are interest in possession trusts. However, there are several exclusions that could apply, depending on the terms and use of the trust (See TRSM23000 onwards). In particular, an interest in posses
Alongside the requirements to register as registrable express trusts, trusts may be required to register if they have a liability to UK taxation. The exclusions from registering as an express trust do not apply here. Trusts are required to register as taxable trusts if both of the following apply: the trust is a ‘relevant trust’ – see TRSM25020; and the trust has a liability to UK taxation in any given year – see TRSM25030 These trusts must register on the Trust Registration Service (TRS) and pr