The Lemon Fool

The HMRC Trusts and Estates Newsletter: April 2019 is now available.

The relevant part is here https://www.gov.uk/government/publicati ... nt-service and includes:

During 2019, the intention is that we will develop and deliver various functions to enable changes to be made in the Trust Register. ... This will make the journey quicker and easier.

We will then deliver additional functions, which will allow users to:

view the data submitted at registration
complete a declaration when there is no change to registered data
make changes to registered data to keep the register up to date
close a Trust or Estate

If anyone can't wait to enjoy the journey, there is an option to take part in User Research.

See this post at Legal Issues for the latest:

Could new regulation spell the death of trusts?
viewtopic.php?p=278527#p278527

Any responses probably best over there.

See this post at Legal Issues for details of the Technical consultation: Fifth Money Laundering Directive and Trust Registration Service
Published 24 January 2020:

viewtopic.php?p=280568#p280568

From way back but in case it is of any use to Parky and others.

PinkDalek wrote:

Parky wrote:I tried a couple of times to update the Trust Register, then gave up. No repercussions so far.

If that's for a change in lead trustee or correspondence address, they say you should write to them at:

Trusts
HM Revenue and Customs
BX9 1EL

For other changes, it does look like you may have to wait for the ‘micro service’.

I would appear to have this topic bookmarked externally and would mention that it is now possible for mere lead trustees not only to access the Trust Register but also to confirm that no changes are needed.

One can therefore tick box 20.1 on the SA900, having done so, whereas last year HMRC advised one to ignore the box entirely as access wasn't available or some nonsense along those lines.

Progress but an easy process, finally.

PinkDalek wrote:From way back but in case it is of any use to Parky and others.

PinkDalek wrote:

Parky wrote:I tried a couple of times to update the Trust Register, then gave up. No repercussions so far.

If that's for a change in lead trustee or correspondence address, they say you should write to them at:

Trusts
HM Revenue and Customs
BX9 1EL

For other changes, it does look like you may have to wait for the ‘micro service’.

I would appear to have this topic bookmarked externally and would mention that it is now possible for mere lead trustees not only to access the Trust Register but also to confirm that no changes are needed.

One can therefore tick box 20.1 on the SA900, having done so, whereas last year HMRC advised one to ignore the box entirely as access wasn't available or some nonsense along those lines.

Progress but an easy process, finally.

Thanks PD. I finally managed to access the register a couple of weeks ago via https://www.gov.uk/guidance/manage-your ... on-service
Parky

I have 2 Trusts and have just accessed the Trust Register for the first one for the first time. The first question is:
"Have you registered the trust Online "
I replied No and then went down the path of having to enter all of the trust details (date , settlor, trustees, beneficiaries , assets). I couldn't get out of that and go back and say No once I had entered the UTR - . My assumption was that as HMRC had copied across the info from previous tax returns that didn't count as "Registering online" - especially as much more info is required than has been submitted on the tax returns.

Has anyone else just been able to confirm information that already exists - or is it necessary to enter everything. I wonder what would happen if I enter No to that question for the second Trust.

Ironically the last question is Have You filed the 19/20 tax return - the tax return asks if I have confirmed the Trust Register details but apparently it isn't necessary to update/confirm the Trust Register before submitting the tax return (which means the tax return can still be submitted with box 20 blank)

IR35x wrote:
Ironically the last question is Have You filed the 19/20 tax return - the tax return asks if I have confirmed the Trust Register details but apparently it isn't necessary to update/confirm the Trust Register before submitting the tax return (which means the tax return can still be submitted with box 20 blank)

The gov.uk guidance on managing your trusts updated 23 October 2020 https://www.gov.uk/guidance/manage-your ... on-service
Indicates that you do have to update/confirm trust register details and fill in box 20 on SA900. This is the relevant extract:-
"Declaration
If the trust is liable to tax for any tax year, you must declare on the trust register that the details of the persons associated with the trust are accurate and up to date. You must do this whether you have made any changes or not.

If the trust is liable to Income Tax or Capital Gains Tax, you’ll also need to confirm on the trust’s Self Assessment return SA900 that you’ve either:

updated the details on the trust register
confirmed that there have been no changes to the trust
If the trust is not liable to tax you do not have to make this declaration until the trust becomes liable to tax again."

Sorry - maybe I wasn't clear. It is possible that you confirm the information on the Trust Register after submitting the Tax return - the deadline for both is 31 January.

IR35x wrote:Sorry - maybe I wasn't clear. It is possible that you confirm the information on the Trust Register after submitting the Tax return - the deadline for both is 31 January.

Last year (1919/20) I was not able to confirm trust information on the register and did not tick box 20. After submitting my tax return, I subsequently confirmed the information on the trust register and also wrote to HMRC in the middle of 2020 confirming that I had done so, and have not had any reply. I guess that means the answer to your question is yes (at least, it was last year).

Last year it wasn't even possible to confirm the info until April as the website didn't exist.
My issue concerns entering the original information. It was my understanding that for Trusts set up before 2017 HMRC would copy over the information supplied when the trust was registered for Tax purposes. Now I have tried to confirm that information is correct I had to enter all information about the trust as if it hasn't been registered with the Trust Register and I wonder if others had to do the same or they found a way of confirming the informaton that HMRC had prior to 2017.

IR35x wrote:Sorry - maybe I wasn't clear. It is possible that you confirm the information on the Trust Register after submitting the Tax return - the deadline for both is 31 January.

Do you mean "It is" (which it is) or are you asking Is it?

I may be misunderstanding, as I haven't reread all you've written, but does this provide some comfort (from 9 December 2020)?:

https://www.tax.org.uk/policy-technical/technical-news/completion-question-201-trusts-and-estate-tax-return-sa900

... However, HMRC will not automatically charge penalties if the box has not been ticked and the register was not updated before the 31 January deadline. Instead HMRC will take a pragmatic approach to charging penalties, particularly where it is clear that trustees or agents have made every effort to meet their obligations.

Trustees and agents do not need to submit an amended return if they have updated the register, or made a ‘no change’ declaration, after the original return was submitted and the only change to the information on the original return is a tick in box 20.1.