TSEM10010 - Non-resident trusts: residence rules: trust residence for Income Tax purposes - periods to 5 April 2007

FA89/S110

A trust may have one or more trustee/s, who may be individuals or companies. »Ê¹ÚÌåÓýapp rules were:

All trustees were resident in the United Kingdom

»Ê¹ÚÌåÓýapp trust was resident in the UK for Income Tax purposes.

All trustees were resident outside the UK

»Ê¹ÚÌåÓýapp trust was non-resident in the UK for Income Tax purposes.

Trustees who were all resident in the UK changed to trustees who were all not resident

»Ê¹ÚÌåÓýapp trust was resident in the UK for Income Tax purposes for the part of the year that resident trustees were in office. »Ê¹ÚÌåÓýapp trust was non-resident for Income Tax purposes for the rest of the year.

Trustees who were all non-resident in the UK changed to trustees who were all resident

»Ê¹ÚÌåÓýapp trust was non-resident in the UK for Income Tax purposes for the part of the year that non-resident trustees were in office. »Ê¹ÚÌåÓýapp trust was resident for Income Tax purposes for the rest of the year.

»Ê¹ÚÌåÓýappre was a mixture of resident and non-resident trustees acting at the same time

»Ê¹ÚÌåÓýapp trust was resident in the UK unless the settlor was:

  • not resident in the UK and
  • not ordinarily resident in the UK and
  • not domiciled in the UK

when the settlement was set up and when any later funds were added. If the settlor conditions were met the trust was not resident in the UK for Income Tax purposes