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Non-resident trusts may be notified to HMRC for the following reasons:

Trustees - chargeability

»Ê¹ÚÌåÓýapp trustees are chargeable to Income Tax or Capital Gains Tax, and a Self Assessment return has not been issued (TMA70/S7). »Ê¹ÚÌåÓýapp trustees of non-resident trusts are no different to other taxpayers and are obliged to notify HMRC of liability to UK tax (TSEM10200+) within 6 months of the end of the tax year concerned.

Trustees - information

A UK resident trust ceases to be UK resident and becomes non-resident for UK tax. »Ê¹ÚÌåÓýapp former UK trustees must notify HMRC of this within 12 months of the trustees becoming non-resident. This might happen if the former UK trustees have left the UK themselves, or if new trustees are appointed who are not resident. »Ê¹ÚÌåÓýapp legislation detailing the requirements is in TCGA92/Sch5A, paragraph 5. »Ê¹ÚÌåÓýapp trustees must advise HMRC of the date the trust was created, the names and addresses of any settlors and the names and addresses of the new trustees.

Settlor - information

»Ê¹ÚÌåÓýapp settlor of a non-resident trust is required under the Capital Gains Tax provisions and in particular TCGA92/Sch5A to make a return to HMRC of the transfer/settlement identifying the trust, trustees acting and giving details of the property transferred.

Professional - information

For Inheritance Tax, anyone who is involved in their professional capacity with the creation of an inter-vivos (TSEM1005) non-resident trust where the settlor is domiciled in the UK, is required under IHTA84/S218 to inform HMRC of the trust’s creation (see IHTM42604).