TRSM40030 - Deadlines: contents: additional registrable taxable trust deadlines

When the Trust Registration Service (TRS) launched in 2017, registrable taxable trusts were required to register by 31 January after the tax year in which the trust had a liability to UK taxation (or by 5 October after the end of the tax year for a first time liability to Income Tax or Capital Gains Tax).

For when a trust has a liability to UK taxation, see TRSM25030.

Registrable taxable trusts set up before 6 April 2021 are required to register by 31 January after the tax year in which the trust had a liability to UK taxation, unless they are liable to Income Tax or Capital Gains Tax for the first time (see below).

Example

Rupesh set up a trust in October 2011 which incurs a Stamp Duty Land Tax (SDLT) liability in May 2018 (the 2018 to 2019 tax year). The trust is therefore required to be registered on TRS by 31 January following the end of the tax year in which the tax liability arose; i.e. 31 January 2020.

Where a trust incurs a tax liability in a tax year, trustees are required to use TRS to confirm that the additional taxable information held on TRS (see TRSM32080) is up to date. This must be done by 31 January after the end of the tax year in which the trustees are liable to pay any of the relevant UK taxes. This is also confirmed by the trustees on the SA900 return form.

Registrable taxable trusts are required to provide information on trust assets, see TRSM32090. The details of trust assets are only provided once at the first point of registration as a taxable trust and if this changes over time there is no requirement to update information about the trust assets on TRS.

Where no relevant changes have taken place since the end of the previous tax year, the update can be limited to confirmation that no such changes have occurred.

If the trustees are not liable (in respect of any given tax year) to pay any of the relevant UK taxes, then there is no requirement to confirm the register is up to date for that tax year. Trustees will need to next provide an update by 31 January after the end of tax year in which the trustees are liable to pay any of the relevant UK taxes.

Trusts liable for Income Tax or Capital Gains Tax for the first time

Trusts created before 6 April 2021 that are liable for Income Tax or Capital Gains Tax for the first time should register by 5 October in the tax year after the one in which the trust starts to receive any income or has capital gains and becomes liable for Income Tax or Capital Gains Tax.

This is because TRS is used to register the trust for the relevant self-assessment returns to be issued and the 5 October deadline relates to Income Tax and Capital Gains Tax reporting requirements.

If a trust is liable for more than one tax and both deadlines could apply, the trust should register by the earlier of the 2 deadlines.

Determining the relevant tax year

For trusts which become registrable by virtue of a liability to pay inheritance tax, stamp duty land tax, land and building transaction tax, land transaction tax and stamp duty reserve tax the registration deadline is fixed by reference to the chargeable event. This is because the requirement to register and provide information as a registrable taxable trust is tied to when the UK tax liability was first incurred.

Example

Sandra sets up a trust in July 2020. The trust incurs an Income Tax liability for the first time in September 2020 (the 2020 to 2021 tax year). As the trust was set up before 6 October 2021, the trust would ordinarily be required to register by 31 January 2022 (see previous example).

However, as the trust has incurred a liability to Income Tax for the first time, the trustees are required to notify chargeability to Income Tax by 5 October 2021. As TRS is used to register trusts in order for the relevant self-assessment returns to be issued, the trustees should register on TRS by 5 October 2021.