TRSM60010 - Trust Data Requests: contents: Introduction

Individuals or organisations, referred to as ‘Requesters’ may request information contained on the Trust Registration Service (TRS). These requests are known as Trust Data Requests (TDRs).

The legal basis for accessing information on the TRS is the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017(as amended in 2020), specifically regulation 45ZB (The MLRs). These MLRs require HMRC to share TRS information with some third parties in limited circumstances.

Requesters need to familiarise themselves with this guidance.

It is also of interest to trustees, whose information might be accessible.

This section sets out the process for submitting TDRs to HMRC, as well as the processes for assessing and responding to these requests.

Relevant Registered Trusts

Accessing trust information through Trust Data Requests is limited to the data held of Relevant Registered Trusts, which are:

  • trusts registered on the TRS as registrable express trusts (see TRSM20000)
  • trusts not exempt from data sharing (see below).

Trust Data

Requesters are reminded that not all trust data is available to the public. Trust data may not be available because:

  • the trust is not registered on TRS or is exempt from data sharing (see TRSM60040)
  • the requester does not pass the “legitimate interest” test (where appropriate) (see TRSM60020)
  • the trust data is exempt from sharing under Risk of Harm provisions (see TRSM60040)
  • the trust is a taxable trust which is also a non-express trust
  • the trust is a taxable trust that is one of the 23 types of express trusts that are excluded from the express trust registration requirements, known as ‘Schedule 3A trusts’
  • the trust is only a non-UK trust with no UK trustees that is registered because it has acquired land or real property in the UK.