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HMRC internal manual

Trusts, Settlements and Estates Manual

From
HM Revenue & Customs
Updated
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Introduction to trusts: new trusts - issuing form 41G(Trust)

Non trust office

When you find out that a trust has been established, notify the appropriate trust office (TSEM1420). Do not issue a form 41G(Trust).

Trust office

When you become aware of a new trust, and

  • we do not have a record set up under SA
  • there is nothing to suggest that another office has issued a 41G(Trust)

issue the form to the trustees. If you don’t know who the trustees are, issue the form to the person who advised you of the existence of the trust (accountant, solicitor etc.), and request its completion.

If you become aware of a new non-resident trust issue form 41G(Trust) and pass the completed form to Trusts & Estates Nottingham. If you know the trust is an employment-related trust, write ‘EBT’ at the top of the form before issue. If you do not receive the completed 41G(Trust) for the EBT within 8 weeks, follow it up to ensure you obtains the details needed to set it up on SA.

Do not issue a form 41G(Trust) if you know the trust is

  • a Qualifying Employee Share Ownership Trust (QESOT or QUEST), or
  • an Approved Profit Sharing Scheme (APS) trust, or
  • an All Employee Share Ownership Plan (AESOP) or Share Incentive Plan trust.

ESSU will normally send you enough information about the above three types of trusts to set them up on SA. If unusually ESSU have not passed you enough information on any of the above, send a letter to the trustee requesting the information you need.