A document being signed

Do I need to register a trust?

Yes, unless it is on HMRC's list of excluded trusts. Every UK express trust, meaning one set up deliberately, has to be on the Trust Registration Service, and so does any trust liable to UK income tax, capital gains tax, inheritance tax or property taxes.

The advisers for this subject: Sunny Bharj and Tony Springer

Trusts for children and the register

Bare trust holding investments
Has to be registered. There is no general exclusion for bare trusts.
Bank account opened for a child
A trust created as a requirement of opening a bank or building society account for a child under 18 is excluded. The exclusion covers cash deposit accounts only.
Discretionary trust
Has to be registered.
Junior ISA and Child Trust Fund
Neither is a trust, so there is nothing to register.
Trust in a will
Excluded where it is closed within two years of the death. A will trust that runs on longer has to be registered.
Pensions and life policies
Trusts holding a registered pension scheme's assets are excluded, as are trusts holding life policies that pay out only on death, illness or disability.

Deadlines

  1. 1

    Registering

    Within 90 days of the trust being created, or of it becoming liable for tax.

  2. 2

    Changes

    The trustees update the record within 90 days of any change.

  3. 3

    Each year

    A trust that pays tax has to declare its record up to date by 31 January.

  4. 4

    Closing

    When the trust ends, the trustees close it on the register.

The trustees register the trust, through HMRC's online service. HMRC says trustees who fail to register a trust or keep its record up to date may have to pay a £5,000 penalty.

The exclusion for a child's bank account covers cash deposit accounts only, so a bare trust holding shares or funds for a child has to be registered.

Related questions

Does a Junior ISA need registering?

No. HMRC does not treat a Junior ISA or a Child Trust Fund as a trust.

Who registers the trust?

The trustees, through HMRC's Trust Registration Service.

What is the deadline for registering a trust?

90 days from the trust being created or becoming liable for tax.

Does a trust with no tax to pay still need registering?

Yes, if it is an express trust and none of the exclusions applies.

Where this fits

Where a trust for a child holds investments, we advise the trustees on what it holds and review it with them.

Talk to an adviser

Your first call is with an Account Manager and is at no cost to you. Tell us what is on your mind: a pension you have lost track of, a fixed rate ending, a will you keep meaning to write.