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HMRC internal manual

Trusts, Settlements and Estates Manual

Introduction to trusts: request for advice or information: request for advice - is the trust a bare trust?

If the agent or lay trustee has asked if the trust is a bare trust, you may write out along these lines:

‘I appreciate that you may have some difficulty in deciding whether the trust with which you are concerned is to be treated as a ‘bare trust’ for tax purposes. I am enclosing some notes, which I hope will help you to make your decision.

If you decide that the trust is not a ‘bare trust’ please complete the enclosed form 41G(Trust). I will then arrange for a Trust and Estate Tax Return to be issued or an SA316 Notice to file in due course.’

If you already have a completed 41G(Trust) and/or have already set up the case for issue of a return, replace the last paragraph above with ‘Please let me know in due course if you think that this is a bare trust’.

You should attach a copy of TSEM1563.

If the request for advice concerns

  • a large number of similar trusts, or
  • a potentially sensitive trust (for example a compensation or appeal fund type of trust)

refer the status issue to HMRC Trusts & Estates Technical Edinburgh (TSEM1562).