TRSM21020 | Types of trust that need to be registered: contents: introduction and definitions: contents: what is a UK Trust

Whether a trust is defined as a ‘UK Trust’ or a ‘Non-UK Trust’ for the Trust Registration Service (TRS) purposes depends on the residence status of the trustees and settlor of the trust:

If all trustees are resident in the United Kingdom:

• The trust is a UK trust for TRS purposes.

If all trustees are resident outside the United Kingdom:

• The trust is a non-UK trust for TRS purposes.

If there is a mixture of UK resident and non-resident trustees acting at the same time:

• The trust is a UK trust for TRS purposes if the settlor of the trust was resident in the United Kingdom (or resident and domiciled, for trusts set up before 6 April 2025) at the time when the trust was set up or when the settlor added funds to the trust. Otherwise, the trust is a non-UK trust

For the above purposes a trustee or settlor is treated as resident in the United Kingdom:

• in the case of a body corporate, if it is a UK body corporate.

• in the case of an individual, if they are UK resident for the purposes of one or more of the following taxes:

  • income tax;

  • capital gains tax;

  • inheritance tax;

  • stamp duty land tax;

  • land and buildings transaction tax;

  • land transaction tax;

Please note that the above definition of residence applies only for TRS. See TSEM10005 for the residency rules for trusts for other purposes.

In determining whether a settlor is or was domiciled in the United Kingdom for TRS purposes, no account needs to be taken of the ‘deemed domicile’ rules that apply for tax purposes before 6 April 2025. See RDRM20010 for further guidance on the meaning of domicile.