TRSM22010 - Types of trust that need to be registered: contents: registrable express trusts: contents: introduction
In general, all UK express trusts are required to register on the Trust Registration Service (TRS) unless they are excluded from registration under one of the exclusions listed at TRSM23000.
Additionally, non-UK express trusts may be required to register if they have links to the UK, such as having UK-based trustees, acquiring land in the UK, or entering into a business relationship with a UK business.
Regardless of the conditions set out in this sub-section, any express trust with a liability to UK taxation (a ‘taxable trust’) is required to register on TRS. See TRSM25000 onwards for the additional registration requirements that apply to trusts that have a UK tax liability.
Whether a trust is required to register as a registrable express trust depends on whether the trust is a UK or non-UK trust and on the residency of the trustees:
The trust is a UK express trust: (see TRSM21030)
- The trust is required to register, unless it is specifically excluded from registration under one of the exclusions listed at TRSM23000.
The trust is a non-UK express trust with at least one trustee resident in the UK:
- The trust is required to register, unless specifically excluded from registration under one of the exclusions listed at T, when either of the following is true:
The trust is a non-UK express trust with no trustees resident in the UK:
- The trust is required to register, unless specifically excluded from registration under one of the exclusions listed at T, when the trustees, in their capacity as trustees, acquire UK land (see TRSM22020)
- Note that the exclusion for trusts registered on EEA registers (TRSM23150) does not apply to non-UK trusts with no trustees resident in the UK.