TRS Registration

We are Scottish Solicitors with around 200 Discretionary Trusts set up over the last 10 years containing only the Settlors dwellinghouse and no other funds.

The Settlor is a Trustee along with family members and we appreciate CGT will require to be paid when the house is sold which is occupied by the Settlor.

Can anyone confirm these Trusts require to be registered with the TRS before September, 2022?

Margaret E Burton

Margaret E Burton

At: Braidwoods Solicitors, One Charlotte Street, Dumfries

Tel: 01387 257272

Fax: 01387 257282

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Yes.

Incidentally, the draft SI extending the deadline to September and excluding bank accounts for minors is available here:

The Money Laundering and Terrorist Financing (Amendment) Regulations 2022 (legislation.gov.uk)

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Yes, as Andrew says, registration will need to be made. However with regard to your comment concerning CGT, have a look at HMRC CG65407 where in it comments on Samsom v Peay (1976) 52 TC1.

Patrick Moroney

Yes it is an EXPRESS Trust i.e. has some form of documentation to form it.

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