How to Register a Trust
Registering a trust is an essential legal requirement in managing your estate. At JMW Solicitors, our experienced wills, trusts, tax and succession planning solicitors are here to help you with every aspect of the trust registration process. Whether you need to register a new trust, update an existing registration, or understand your obligations under HMRC's Trust Registration Service (TRS), we provide comprehensive guidance and support.
Our award-winning team has assisted a diverse range of clients, including families, business owners, entrepreneurs, sports professionals and entertainers, with complex trust registration requirements. We understand the importance of timely and accurate trust registration to avoid penalties and comply with UK regulations.
Get in touch with our team to make sure your trust is set up properly. Call JMW on 0345 872 6666, or fill out an online contact form and we will be in touch.
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Our Trust Registration Service
At JMW Solicitors, we offer a full range of trust registration services designed to help you navigate the complexities of setting up and registering a trust. Our expert solicitors are well-versed in the latest regulations and requirements and, with our help, you can be certain that your assets are protected.
- Comprehensive trust registration: whether you are setting up a new trust or need to register an existing one that has undergone significant changes (or has not yet been registered), our team can guide you through the trust registration process. We will complete all of the necessary documentation and submit your registration to HMRC's Trust Registration Service.
- Tax liability management: our solicitors provide expert advice on managing the trust’s tax liabilities, helping you optimise your trust’s tax position and maintain compliance with UK tax laws.
- Documentation review and preparation: we review all relevant trust documents to ensure they meet legal requirements and remain appropriate.
- Ongoing compliance support: after your trust is registered, we provide ongoing support to help you stay up to date with any changes in legislation or regulations. This includes updating registration details and managing any new reporting obligations.
We begin with a detailed consultation to understand your specific needs and goals. We understand that every trust is unique, and we provide personalised advice to ensure your trust registration aligns with your broader estate planning and succession goals.
Contact us today to learn more about how we can assist you with registering your trust and managing your estate effectively.
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When Do I Need to Register a Trust?
Understanding when to register a trust is vital to align with UK regulations and avoid potential penalties. Here are the key scenarios in which you need to register a trust:
- New trusts: any new trust created on or after October 6th 2020 must be registered with HMRC's TRS if it has tax liabilities or meets certain criteria, such as holding UK land or property.
- Existing trusts: trusts that were established before October 6th 2020 and have had significant changes, such as adding or removing beneficiaries, must be updated and registered with the TRS.
- Taxable trusts: any trust that incurs a UK tax liability must be registered. This applies to both UK and non-UK trusts with UK tax obligations, and includes:
- Income Tax
- Capital Gains Tax
- Inheritance Tax
- Stamp Duty Land Tax
- Non-taxable trusts: non-taxable trusts must also be registered if they meet specific criteria, such as holding UK land or property or having a business relationship with UK entities.
Failure to register a trust by the required deadline can result in penalties, including a fine.
When Do I Not Need to Register My Trust?
While many trusts are required to be registered with HMRC’s TRS, there are specific instances where a trust may not need to be registered. Understanding these exceptions can help you determine your obligations, and determine whether or not you need to register the trust.
Even if your trust falls into one of the limited categories of trusts that do not need to be registered, you must keep accurate records and stay informed about any changes in the regulations that might affect your trust’s status. If you are unsure whether your trust needs to be registered, our expert solicitors at JMW can provide tailored advice and guidance.
What is the Process of Registering a Trust?
Registering a trust should always begin with an initial consultation with our expert solicitors, to understand the current status of your trust and determine the exact requirements and steps needed for registration.
To register your trust, you will need to provide specific information, including:
- The official name of the trust, the date it was established, and its purpose.
- Personal details of the lead trustee and all beneficiaries, including names, dates of birth, contact information, and National Insurance numbers.
- Details of the assets held within the trust, including property, investments, and other significant assets. Include details of any land transactions or business relationships, particularly if the trust is not based in the UK.
After this, the trust can be registered with HMRC’s Trust Registration Service.
HMRC will review the submission and may request additional information or clarification. Upon successful registration, the lead trustee will receive a unique taxpayer reference (UTR) from HMRC. This UTR is essential for managing the trust’s tax obligations and communications with HMRC regarding the trust.
Annual reviews of the trust’s details will also be necessary to update the TRS as needed. This includes reporting any changes in trustees, beneficiaries or the trust’s tax position.
How Much Does It Cost to Register a Trust?
The cost of registering a trust can vary depending on several factors:
- Number of beneficiaries: more beneficiaries can increase the complexity of the registration process and potentially raise costs.
- Complex trust structures: trusts with complex structures, multiple beneficiaries or significant assets may require more extensive work to register and manage. The costs associated with these trusts are generally higher due to the increased complexity and the need for specialised advice.
- Additional services: services such as tax planning, ongoing compliance and trustee training may add to the cost of trust registration.
Get in touch with JMW Solicitors to find out more about how to register a trust and the potential costs involved.
Why Choose JMW?
Choosing JMW Solicitors for your trust registration ensures that you receive expert legal advice and support from one of the UK's top law firms. With over 50 years of experience in wills, trusts, tax and succession planning, we have built a solid reputation for excellence. Our extensive knowledge and proven track record guarantee that your trust registration is handled with the highest level of professionalism.
Our firm has received numerous awards and accreditations, including recognition by the Legal 500 and Chambers & Partners as one of the UK's leading law firms. We have also won industry accolades such as Team of the Year at the Manchester Legal Awards.
JMW's team consists of dynamic solicitors who combine a deep understanding of traditional legal principles with up-to-date knowledge of the latest legal developments. This blend of experience and innovation helps us to provide cutting-edge legal solutions tailored to your needs.
We have assisted a wide range of clients, including high net-worth individuals, families, business owners, entrepreneurs, sports professionals and entertainers, with complex trust and estate planning requirements. Our ability to handle diverse and intricate cases means you can trust us to manage your trust registration effectively.
We work in close collaboration with other departments within JMW, such as employment and business law, to provide a holistic approach to your legal needs. This comprehensive insight enables us to seamlessly integrate all aspects of your trust and estate planning management.
Talk to Us
To learn more about registering a trust and meeting your registration deadline, speak to the JMW team today. Call us on 0345 872 6666, or fill out an online contact form to arrange a call back.