Trust Registration Service

In its FAQ document of 22 November 2017 HMRC states

"You do not need to register in a given tax year under the following circumstances:
* if the trustees do not need to file a tax return and have not incurred a liability to pay any of the
relevant UK taxes"

In its notice of 8 December 2017 in which it announces an extension of the time limit for registering trusts it states:

"We have listened to your feedback about initial difficulties with this new service and the pressures this is placing on agents at a very busy time. Therefore, for this, the first year of operation only, HMRC will not impose a penalty on the trustees of taxable relevant trusts if the trustees, or an agent acting on behalf of the trustees fail to register on TRS by 31 January 2018 but do so no later than 5 March 2018. This applies for both trusts which are already registered for Self-Assessment (SA) and those which do not require to be registered for SA."

We all have trusts which are  not required to be registered for SA (all those single premium bonds from which no withdrawals have been made?) .  The FAQ of 22 November 2017 assures us we don't need to register these trusts.  The notice of 8 December 2017 tells us we do.

I am confused.

Please can the Tax Faculty give us clear guidance about what we must do for each type of trust and when?

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  • Presumably HMRC are referring to trusts that have an IHT liability (perhaps a 10 year charge) but no income so no SA liability? As I understand it, those trusts will need to register. There may be other examples (e.g. trusts with SDLT liabilities).

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