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Trusts

Expert commentary and practical guidance from ICAEW related to the taxation of trusts in the UK personal tax regime.

In this section

Practical guidance

ICAEW's Tax Faculty produces TAXguides to provide practical support on technical areas of tax

TAXguide 03/21: Deemed domicile changes - trust protections and OIGs

Guidance from ICAEW, STEP, and the CIOT to highlight a key issue with respect to the trust protections as introduced by Finance (No 2) Act 2017. This guide focuses on the situation where the settlor is deemed UK domiciled only under the 15-year rule and offshore income gains arise directly to the non-UK resident trust.

TAXguide 07/18: Deemed domicile changes – trust protections

Finance (No 2) Act 2017 introduced significant changes to the taxation of foreign domiciliaries. In TAXguide 06/18 ICAEW, STEP, the CIOT and the Law Society have published questions and draft suggested answers to highlight and consider areas of uncertainty in the statutory provisions for trust protections. Read a summary and download the full guide.

TAXguide 04/18: Residence and domicile

In TAXguide 04/18 Lisa Spearman provides an introduction to the taxation issues which may be in point when considering the non UK aspects of a client’s affairs. Read a summary here, Tax Faculty members can download the full guide.

TAXguide 04/17: Offshore trust changes

In TAXguide 04/17 - Offshore trust changes, Sue Moore, technical lead for private client tax matters in the Tax Faculty, provides information on the implications of changes to income tax legislation published on 26 January 2017. In particular the guide offers more details on transfer of assets and settlements legislation and has been created with input from HMRC.

TAXguide 12/15

Reforms to the Taxation of Non Domiciles - Meeting notes

TAXguide 10/15

Inheritance Tax and Trusts: Trust variations and settlements

Features and articles

Charity regulatory roundup – May 2023

In this article, we’re taking a brief look at FRED 82 consultation responses, HMRC’s consultation on charities tax compliance and our Charity Commission special in this month’s newsletter.

"For the few, not the many…" - HMRC's proposals to tackle abuse of charity tax reliefs

At the end of April, HMRC published a Consultation Document proposing changes to charity tax rules to tackle non-compliance. It is clear from the Consultation Document that HMRC is targeting a minority of charities and donors who are either non-compliant or are seeking to abuse the available reliefs. As is often the case with changes such as these, there is a risk of unintended consequences, including increasing administrative burdens of otherwise compliant charities. This article gives an overview of the proposals and possible implications for the sector to consider.

Regulatory Round-up: April 2023

This month, we provide you with resources and guidance to help prepare for the upcoming changes to ICAEW’s CPD Regulations, explain the changes to ICAEW’s disciplinary framework and how to implement ISQM1.

Tax news in brief 19 April 2023

Highlights from the broader tax news for the week ending 19 April 2023, including: closure of online VAT return; PAYE direct debits; TRS reporting requirements; interest rate increase for discounted gift trusts; NMW campaign; Finance Bill amendment for R&D; closure of the DAC6 reporting service; and Tax Administration and Maintenance Day.

What can charities expect from the Budget?

The chancellor has announced that the Spring Budget 2023 will be held on 15 March 2023. With many charities facing unprecedented challenges due to the cost-of-living crisis, Richard Bray, Chair of the Charity Tax Group and a member of ICAEW’s Charity Committee, is asking what charities can expect from the Spring Budget and outlines three key proposals.

Two registers to watch out for

As we all know by now, the Trust Registration Service was set up in 2017, as part of a worldwide drive to reduce money laundering. Although this was done as part of a European initiative, it was agreed as part of the Brexit Withdrawal Agreement that this would be maintained in future. However, another register has been introduced with very little notice or publicity.

Webinars and recordings

Trust Registration Service Update

New rules require all UK express trusts and some non-UK trusts to register with HMRC. This includes non-taxable trusts unless the trust is specifically excluded.

HMRC agent strategy and services

Frank Haskew and Caroline Miskin discuss the latest developments on HMRC’s agent strategy and services.

Bloomsbury Accounting and Tax Service

Eligible firms have free access to Bloomsbury Professional's comprehensive online library, comprising more than 60 titles from some of the country's leading tax and accounting subject matter experts. Find out who is eligible and how you can access the Accounting and Tax Service.

Trust drafting and precedents

Regularly updated service providing comprehensive practical information on drafting trusts.

Trusts and estates 2022/23

Annual guide to the UK tax system related to trusts and deceased estates, providing worked examples and tax tables.

Trusts: interest in possession

Practical overview of the inheritance tax treatment of an interest in possession trust, written for tax practitioners.

Tax planning with trusts

A chapter on tax planning with trusts, highlighting tax planning opportunities and potential pitfalls.

Planning and administration of offshore and onshore trusts

Practical guide to setting up a trust, and managing and administering it once it has been established.

Trusts and estates

A full chapter on the taxation of trusts and estates in the UK, written for tax practitioners.

Trusts

Four chapters covering the taxation of both UK resident and non-UK resident trusts, with worked examples.

Bloomsbury Professional Tax Guide 2022/23

Comprehensive practical guide on the full range of UK taxes, containing worked examples throughout.

Terms of use: You are permitted to access, download, copy, or print out content from eBooks for your own research or study only, subject to the Acceptable usage terms.

The Library & Information Service provides a collection of eBooks as a benefit of membership. Please log in to access these titles. If you are unable to access an eBook, please see our Help and support or contact library@icaew.com.

Private client: wills, trusts and estate planning

A comprehensive and user-friendly examination of the legal and taxation implications arising from estate planning work within the private client department of a solicitors' firm. The guide deals in a practical way with all the areas confronting the practitioner on a day-to-day basis, from tax and financial planning to the administration of trusts. Worked examples illustrate how to calculate the tax position of the client. This new edition has been updated to take account of recent decisions such as Smith v Michelmores Trust Corp Ltd.

UK tax system: an introduction, The (3rd edition)

Guide to the UK tax system for tax practitioners and students.

Terms of use: You are permitted to access, download, copy, or print out content from eBooks for your own research or study only, subject to the terms of use set by our suppliers and any restrictions imposed by individual publishers. Please see individual supplier pages for full terms of use.

ICAEW Rep 76/18

Trust registration service penalties

Further support

Useful links

Some resources that we link to may pre-date the latest amendments to the relevant tax regulations. While these links contain useful information, please treat them with appropriate caution.

Non-resident trusts

Guide explaining the basic rules for trustees, settlors and beneficiaries of non-resident trusts, and providing guidance on non-resident trust tax rules.

Trusts and taxes on GOV.UK

An overview giving information and guidance on types of trusts, how trusts are treated for income tax, CGT and inheritance tax purposes, tax for trust beneficiaries, and the tax reponsibilities of trustees.

Trusts, Settlements and Estates Manual

HMRC internal manual providing guidance on trust tax and gains, and how different types of trusts and estates are treated for tax purposes.

Charity Tax Group (CFG)

A non-profit membership organisation previously known as the Charities' Tax Reform Group, which makes representations to government on issues relating to the taxation of charities. The site includes updates and commentary on a wide range of tax issues relevant to charities.

The Tax Implications of Charity Trading

Guidance for lay users on the tax aspects of the main areas of trading activity that charities get involved in. Sections cover fundraising, basic tax exemptions, business sponsorship, trading companies, shops and cafes, merchandising, events, providing services, cost allocation, transfer pricing, loss making trades, and social enterprise.

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