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HMRC internal manual

Trusts, Settlements and Estates Manual

Introduction to trusts: trust deeds: unrequested trust deed - new trust

Occasionally you may receive a trust deed when a trust is first set up. If the deed is said to create a trust, issue the Trusts Registration Service letter to the trustee.

You should not read the deed. Retain it for future use. You should not respond to the person who submitted it unless the deed is an original or they contact you again - see below. You may use the deed in an enquiry. The availability of the deed from the date received is not likely to prevent a discovery assessment at a later date.

If the deed is a copy, file it in the Permanent Notes DR folder.

Original deed

If you receive an unrequested original deed in paper format, copy it and put the copy in the Permanent Notes DR folder. Return the original immediately, by recorded delivery. Do not use staples or pins.

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Subsequent contact

If the person who submitted the trust deed contacts you again to ask you to consider it, reply advising that you do not need to see the trust deed at this time. It is not HMRC Trusts policy to advise on the interpretation of trust deeds and it is the trustee’s responsibility to interpret the terms of the trust and to complete the tax return and self-assess accordingly. If they are in doubt their accountant or solicitor should be able to help.

Tell the trustee we have retained the trust deed they sent in the event it is needed at a later date in connection with any enquiry or review of the terms of the trust.