Skip to main content

News story

October 6, 2022

HMRC deadline dispensation for trustees

Trustees who missed the September deadline to comply with the expanded scope of the Trust Registration regime have been thrown a lifeline by HMRC. HMRC will not penalise those who missed the cut-off date through ignorance.

New HMRC Rules were introduced as part of the UK’s implementation of the Fifth Money Laundering Directive. The rules aim to counter terrorism and money laundering with improved transparency on the ownership of assets held in trusts. In addition, they extend the scope of the trust register to all UK express trusts and some non-UK trusts regardless of whether they pay tax.

The rules exclude some trusts with a limited purpose and where their structure is unlikely to be used for money laundering or financing terrorism. However, more trusts are required to register, including UK resident trusts without UK tax liabilities and most bare trusts. 

For taxable trusts, trustees must provide more information on beneficial owners, including the settlor, trustees, beneficiaries, and other parties who exercise control over the trust.

This information includes the name, month and year of birth, country of residence, nationality, and details of their beneficial interest in the trust. Trustees must keep the trust’s record on the register up to date, with any changes notified within 90 days from when they took place.

The easing by HMRC means penalties are unlikely to be imposed for those who missed the September deadline unless they acted deliberately. But the clock is ticking for all trustees to ensure they comply with the new requirements and avoid potential fines. Penalties can be up to £5,000 per trust.

If you are involved in a trust and are not aware of any action having been taken, or are unsure whether you need to comply, it really is time to act swiftly and get specialist advice.” 

James McMullan, Head of Private Client, RIAA Barker Gillette (UK) LLP

For advice and information on trusts, contact James McMullan today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more
  • Pension inheritance tax changes will increase executors’ responsibilities from April 2027
    From 6 April 2027, most unused pension funds and pension death benefits will be included within the scope of Inheritance Tax. We explain what the changes mean for executors, why estate administration may become more complex and how careful planning c


    Read more
  • What is company record keeping and why is it important?
    Accurate company record keeping is essential for meeting legal obligations, protecting directors and shareholders, supporting business decisions and reducing risk. This guide explains which records companies should maintain, why they matter and the c


    Read more
  • Buying a commercial unit: what you need to know
    Buying a commercial unit can be a valuable step for your business, but it comes with legal, tax, planning and property risks. Brinda Granthrai explains what buyers should consider before committing.


    Read more
  • Pension and inheritance tax changes from April 2027: why now is the time to review your will and estate plan
    From 6 April 2027, most unused pension funds and pension death benefits are expected to be included in a person’s estate for inheritance tax purposes. This article explains what the changes could mean for families, pension nominations, wills, chari


    Read more

What they say...

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

  • Client, July 2026
    10-star service from Patrice Lawrence “I cannot encompass in words how brilliant a service and support I have received since working with Patrice. Effective efficiency, exceptional excellence. All this and more. I am grateful that Patrice manag

  • Dino, July 2026
    Unexpected and very valid professional experience “Law firm to be recommended also to non-residents in the UK”

  • Client, July 2026
    Seamless experience “My recent experience with RIAA Barker Gillette was exceptional. They provided considered care, attention to detail, and I felt supported every step of the journey. This was my first time working with a solicitor, and I was

Read more
Send this to a friend