MP Estate Planning UK

Trustee Tax Returns: What HMRC Requires

trustee tax return hmrc

We explain, in plain English, what is expected of a trustee when reporting trust income and gains. Our aim is to keep things simple and practical so you can act with confidence.

We’ll use a real-life example — a family trust that helps pay grandchildren’s education — so the steps feel practical instead of abstract.

Over the tax year you will need to register the trust, track income and report gains. Missing a filing can bring penalties, even if no tax is due.

We outline the key moving parts: registering the trust, keeping records, meeting deadlines and spotting common slip-ups such as small interest payments or overseas income.

We also clarify what sits with trustees and what sits with beneficiaries, so you can protect the family and avoid unwelcome letters from revenue customs.

For a step-by-step companion, see our short register a trust guide which walks through forms and services you will meet.

Key Takeaways

  • Report trust income and gains under Self Assessment when asked.
  • Register promptly and keep clear records through the year.
  • Watch for small or foreign income that is often missed.
  • Meet deadlines to avoid penalties, even if no tax is due.
  • Understand trustee responsibilities versus beneficiaries’ obligations.

How UK trusts are taxed and why trustees must report

We start with a clear, everyday definition so you can see how reporting links to real family choices.

A trust is a legal arrangement where a settlor transfers assets to individuals who hold them for others. In plain terms, the holders act as caretakers of the assets and must manage and report income and gains properly. This role includes legal obligations to keep records and to declare amounts to the authorities.

Common trust types affect who pays what. Bare trusts are straightforward: the beneficiary is usually taxed on any income. Interest in possession trusts place income on the life tenant. Discretionary trusts are different. The holders may pay higher rates and must record distributions carefully. Beneficiaries who receive payments might need to report that income themselves and can often claim a credit for tax already paid by the trust.

A detailed illustration of a UK trustee's workspace, showcasing a large, polished wooden desk in the foreground with neatly stacked, organized documents and a laptop displaying financial spreadsheets. In the middle ground, include a confident, professional trustee dressed in formal business attire, thoughtfully reviewing tax documents. A couple of tax forms, visible but not identifiable, should be spread across the desk. The background features a well-lit office environment with shelves filled with legal books and a large window allowing soft natural light to flow in, casting a warm and inviting atmosphere. The overall mood conveys diligence and responsibility, essential for understanding trust taxation. Use a slightly elevated camera angle to capture the scene comprehensively, creating a sense of professionalism and order.

Discretionary arrangements often create more reporting work. That’s because the holders decide who gets what and when, which triggers complex reporting and possible higher charges. Good practice protects the family. Accurate reporting avoids disputes and unexpected bills later. For a practical outline of responsibilities, see the official guidance on trusts and trustees’ responsibilities.

Registering the trust with HMRC before you file

Getting the trust entered on the register early keeps paperwork simple and reduces later problems.

What the Trust Registration Service (TRS) is

The TRS is an official register where most express trusts must be recorded. The underlying rules are about transparency: authorities need to know who controls and benefits from a trust estate.

Express trusts and who usually needs to register

An express trust is one created deliberately, often in writing. Many family arrangements fall here. Most UK express trusts must register even if no tax is due.

A sleek, modern office environment showcasing a professional setting related to trust estate management. In the foreground, a well-dressed financial consultant sits at a polished wooden desk, analyzing documents and tax forms. On the desk, a laptop displays financial spreadsheets, and a small potted plant adds a touch of greenery. In the middle, a large window lets in warm, natural light, casting soft shadows and illuminating a bookshelf filled with law and finance books. The background shows a city skyline through the glass, presenting a professional atmosphere. The overall mood is focused and diligent, suggesting the importance of accuracy and trustworthiness in managing estates and taxes.

Unique Taxpayer Reference (UTR) and filing

You must obtain a UTR before submitting any formal returns for the trust estate. The UTR links the trust to filings and ongoing obligations.

TRS updates and the 90‑day rule

  • Trusts formed on or after 1 Sept 2022 generally register within 90 days.
  • Update the TRS within 90 days of changes — for example, changes to trustees, beneficiaries, or contact details.
  • Keeping the TRS current supports wider tax obligations and lowers compliance risk.

For a practical walkthrough of registration steps, see our guide on registering a trust as an agent.

Do you need to file a Trust and Estate Tax Return (SA900)?

We’ll keep this practical. The sa900 is the main form used to show a full picture of a trust’s income, gains and any tax liability. It helps the authorities see what happened in the year.

A detailed depiction of the SA900 Trustee Tax Return form prominently displayed on a wooden desk, illuminated by soft, natural light filtering through a nearby window, casting gentle shadows. In the foreground, a well-organized stack of financial documents and a classy ballpoint pen lie beside the form, conveying professionalism and attention to detail. In the middle ground, a blurred silhouette of a person in formal business attire, reviewing the documents with a focused expression, creating a sense of dedication and responsibility. The background features a subtle bookshelf filled with binders, reflecting an orderly workspace. The overall atmosphere is serious yet calm, emphasizing the importance of tax compliance for trusts and estates, without any distracting elements or text present.

When a filing is expected and the £500 trigger point

You normally complete an estate tax return if HMRC issues a notice to file. Guidance often mentions a £500 trigger point — if income or gains pass this, a formal filing is likely.

Who acts as the single contact

When several trustees act together, one should be the principal acting trustee. This person is the main contact for correspondence and helps avoid missed deadlines.

“Even if no tax appears due, failing to file when asked can bring penalties.”

  • Must file can apply even to simple arrangements.
  • Typical triggers include interest, dividends, rental income and capital disposals.
  • Keep a short checklist and clear records to reduce workload and limit liability.

Getting your records ready for the tax year

A clear, month-by-month record lets you spot income, rental receipts and capital events as they occur.

Income evidence to gather

Collect bank statements, savings interest slips and dividend vouchers as you receive them.

For rental income, keep schedules showing gross receipts and allowable expenses. Save receipts for repairs and invoices for contractors.

Capital transactions and disposal paperwork

Save sale contracts, transfer deeds, share sale confirmations and any valuation notes. These prove dates and values when gains arise.

Practical record-keeping habits

Simple habits help. Use one folder per tax year. Download statements monthly. Keep a running log of decisions about the estate and assets.

“Good records mean the right amounts reach beneficiaries on time.”

ItemKeepWhyExample
InterestBank slipsShows income amountSavings statement
Foreign incomeOriginal statement + rateConvert to GBP at receiptBank FX record
Capital disposalsSales contractsProves date & value for gainsProperty sale completion

A neatly organized desk setup showcasing income records and financial documents relevant for tax preparation. In the foreground, a wooden desk holds a stack of neatly arranged invoices, receipts, and financial statements, clearly visible. A modern laptop with a tax preparation software interface is open, emitting a soft glow. In the middle, a calculator sits beside a cup of coffee, adding a practical touch. The background features a softly blurred bookshelf filled with neatly arranged financial books and binders, creating a warm, professional atmosphere. Natural light streams in through a nearby window, casting delicate shadows and enhancing the overall clarity of the scene. The mood is focused and organized, perfect for tax preparation tasks.

For a practical worksheet on valuations and dates see our linked guidance on record-keeping: records checklist and guidance.

Working out trust income tax and allowances

Before you calculate what’s owed, first separate income types so you apply the correct rate. This makes the math straightforward and reduces errors when you check liability.

A serene office environment featuring a wooden desk adorned with neatly stacked financial documents, a calculator, and a laptop displaying colorful charts related to trust income calculations. In the foreground, a focused individual in smart business attire, a middle-aged woman, is diligently reviewing the paperwork under warm, soft lighting that creates a professional yet inviting atmosphere. The middle ground includes a stylish bookshelf filled with law and finance books, while the background features a window with a soft view of green trees outside, suggesting a sense of stability and growth. The image captures a sense of professionalism, diligence, and trust, reflecting the serious nature of managing trust income tax and allowances.

Interest in possession rates (2024/25)

Interest in possession arrangements pay 20% on non-dividend income and 8.75% on dividend-type income for 2024/25.

Discretionary trust rates (2024/25)

Discretionary trusts use higher rates: 45% on non-dividend income and 39.35% on dividend-type income.

The £500 allowance and multi-trust splitting

Some trusts get a £500 allowance. If total annual income exceeds £500, all income becomes taxable, not just the excess.

Where one settlor created several discretionary trusts, the allowance is split. Each trust gets at least £100 when divided.

Dividend allowance and practical checks

Important: trustees cannot claim the personal dividend allowance. Do not assume individual reliefs apply to trust income.

“Sort figures, apply the right rate, and sense-check the final liability before you file.”

For wider planning steps, see our guide to secure your family’s future.

Reporting capital gains and reliefs trustees may claim

Calculating gains on disposals needs clear records and a simple subtraction: proceeds minus allowable costs.

How to work out a chargeable gain

Start with the disposal proceeds. Deduct allowable costs and any improvement expenses. Then apply the trust annual exempt amount to the net gain.

Annual exempt amount and vulnerable beneficiary increase

The standard exempt amount for trusts is £1,500. If the trust benefits a vulnerable beneficiary, the allowance rises to £3,000.

CGT rates and the October 2024 change

Non-residential property gains were taxed at 20% until 29 October 2024. From 30 October 2024 those gains attract 24%.

Residential property gains use a flat rate for trusts of 24%. Check the date of disposal to apply the right rate.

Common reliefs and why paperwork matters

Reliefs such as Private Residence Relief or Business Asset Disposal Relief can reduce the taxable gain. They only apply where conditions are met.

Good evidence matters: sale contracts, valuations and invoices for improvements cut the risk of errors and lower overall tax liability.

“Methodical records prevent costly mistakes when reporting capital gains.”

StepWhat to keepWhy it matters
Calculate proceedsSale contract, completion statementProves disposal value and date
Allowable costsLegal fees, agent fees, improvement invoicesReduce the gain figure
Apply exemptionsEvidence of vulnerable beneficiary if relevantDetermines whether the £1,500 or £3,000 applies
Apply reliefsOccupation records, business documentsMay reduce gains tax due

For a practical note on a particular relief, see our guide to hold-over relief on property.

A detailed office setting showcasing a professional environment focused on capital gains. In the foreground, a polished wooden desk with neat stacks of financial documents, colorful graphs, and an open laptop displaying a financial chart. The middle ground features a thoughtfully arranged bookshelf filled with legal and financial texts. In the background, large windows with natural light pouring in, revealing a city skyline, indicating a bustling financial district. A middle-aged financial advisor in formal business attire stands thoughtfully, examining the documents. The atmosphere is serious yet optimistic, with warm lighting that creates a welcoming yet focused mood, emphasizing the importance of informed financial decisions. The overall composition is balanced, with an emphasis on clarity and professionalism, free of any text or distractions.

Completing and submitting the SA900 to HM Revenue & Customs

Before you send anything, gather the forms and notes so you use the current SA900 for the right tax year. Download the SA900 and guidance notes from GOV.UK to avoid an out-of-date form.

Supplementary pages and where they matter

Use SA901–SA905 when specific income or gains apply. The supplementary pages capture dividends, trusts income, foreign income and capital disposals.

Filing online and by post

You cannot file SA900 through a direct online Self Assessment gateway. File online only via HMRC-approved trust and estate tax return software. Keep the submission receipt.

To file by post, print or complete the form by hand, sign it and send it with any supplementary pages to HM Revenue & Customs, BX9 1EL.

Common pitfalls and a final checklist

  • Don’t miss small interest amounts or overseas income — convert to sterling with the correct rate.
  • Include gains on disposals and attach the right supplementary pages.
  • Final check: reconcile totals to bank statements, dividend vouchers and sale contracts.

“A short checklist makes the SA900 manageable — tackle one section at a time.”

Deadlines, payments and penalties for late or incorrect filing

Knowing when forms and payments are due keeps the estate on track and beneficiaries protected.

Key dates to remember

There are two firm deadlines after the end of the tax year. Paper SA900 must arrive by 31 October. Online submissions are due by 31 January.

When payment is due and how to pay

Once the SA900 is processed, HMRC confirms any tax liability and a payment date. Trustees usually pay by bank transfer, direct debit or cheque. Use the reference shown on the notice so funds are matched correctly.

Penalties and what happens after three months

Missing a deadline triggers an automatic £100 penalty. If the filing remains outstanding after three months, daily penalties can follow and sums grow quickly.

Fixing an error

If you spot a mistake, submit an amended SA900 promptly. Correcting errors quickly reduces queries and further penalties.

IssueDeadlineTypical action
Paper filing31 OctoberPost completed SA900
Online filing31 JanuarySubmit via approved software
Late penaltiesFrom day 1£100 initial; then daily fines after 3 months

Tip: mark both dates in your calendar and pay the confirmed liability with the correct reference to avoid avoidable penalties.

Conclusion

Good compliance is mostly about routine: log income, note disposals and keep paperwork together.

Follow the simple safe path: register on the TRS if required, obtain a UTR, maintain tidy records and complete SA900 filings accurately and on time.

Remember that different trust rules apply depending on whether the arrangement is bare, interest in possession or discretionary. Check the relevant rules before you calculate any liability.

Keep a few headline numbers handy: the £500 allowance logic, the main income rates for 2024/25 and the trust CGT annual exempt amount. Treat deadlines as non‑negotiable — penalties can arise even when no tax is due.

We aim to help you protect the family and preserve the estate assets. Steady habits now make compliance easier later.

FAQ

What does HM Revenue & Customs expect from trustees when filing for a trust?

HM Revenue & Customs expects trustees to report income and gains arising in each tax year, register the trust where required, and submit the appropriate forms. We gather evidence of interest, dividends, rental receipts and disposals so figures on the form match records. If tax is due, trustees must arrange payment by the deadlines to avoid penalties.

What is a trust and what are the trustee’s legal responsibilities?

A trust is a legal arrangement where assets are held for beneficiaries. Trustees manage those assets, keep clear records, act in beneficiaries’ best interests and meet reporting duties. That includes registering the trust, filing returns when thresholds are reached and paying any tax due on income or gains held by the trust.

Which common trust types affect how income and gains are taxed?

The main types are interest in possession trusts and discretionary trusts. Interest in possession gives a beneficiary the right to income, so that income is usually taxed in their hands. Discretionary trusts pay tax at higher rates on retained income and gains, with different allowances and reporting requirements.

When is the trust taxed rather than the beneficiaries?

The trust pays tax when it retains income or realises gains and the entitlement sits with the trust rather than an individual. If income is distributed and treated as the beneficiary’s income, that person may be liable. The trust type and timing of distributions determine who meets the liability.

Do I need to register a trust before filing any forms?

Yes. Express trusts generally must be registered with the Trust Registration Service before filing, unless exempt. Registration provides a Unique Taxpayer Reference for the trust and keeps HMRC informed of changes to trustees, beneficiaries or assets.

How do I get a Unique Taxpayer Reference for a trust?

You obtain a Unique Taxpayer Reference by registering the trust with HMRC’s Trust Registration Service. This reference is required when submitting trust and estate paperwork and when communicating about tax affairs with HMRC.

What changes require an update to the Trust Registration Service?

You should update the register for changes to trustees, beneficiaries, the trust name, or significant alterations to assets. Deadlines vary, but prompt updates help avoid compliance issues. We treat registrations and updates as a routine part of trust administration.

When does a trust need to complete an SA900 (Trust and Estate Tax Return)?

An SA900 is required when the trust reaches reporting triggers such as income above allowances or gains exceeding thresholds, commonly the £500 trigger point for certain reporting. Where multiple trustees act, one principal acting trustee can take responsibility for filing.

How do trustees decide on a principal acting trustee?

Trustees choose a principal acting trustee by agreement, usually the person best placed to handle paperwork and communication with HMRC. That trustee signs forms and receives correspondence, while still consulting co-trustees on decisions.

What records should trustees keep for the tax year?

Keep bank statements, dividend vouchers, rental invoices and tenancy agreements, interest certificates, foreign income records, and paperwork for any asset disposals. Good habits include dated folders and a simple spreadsheet listing receipts and disbursements for each tax year.

What paperwork is needed for capital gains calculations?

Hold deeds, sale contracts, purchase invoices, valuation reports, and costs of improvement or sale. These items prove acquisition cost and allowable costs, which reduce the gain. Accurate disposal dates and receipts are vital for correct charge calculations.

What are the income tax rules for interest in possession and discretionary trusts for 2024/25?

Interest in possession trusts typically see income taxed in the beneficiary’s hands at their rates. Discretionary trusts face specific trust rates on retained income. Allowances and rates can change; trustees should check current guidance for the 2024/25 year when preparing figures.

How does the £500 allowance work across multiple trusts?

The £500 allowance applies to each trust but must be split if two or more trusts are treated as connected for tax purposes. Trustees need to agree who claims what share and record the allocation in trust records to support the figures shown to HMRC.

Can trustees claim the dividend allowance?

Trustees cannot claim the individual dividend allowance. Income from dividends held in trust is subject to trust-specific rates and reliefs. That makes accurate recording of dividend receipts and payers essential when calculating liability.

What is the annual exempt amount for trusts and are there special rules for vulnerable beneficiaries?

Trusts have a lower annual exempt amount than individuals. If a beneficiary is vulnerable as defined by the rules, a higher exemption may apply. Trustees should check eligibility and keep supporting evidence to claim the increased allowance.

What Capital Gains Tax rates apply to trusts, including recent changes?

Trusts pay CGT at specific trust rates, which differ for residential and non-residential property. Recent changes in October 2024 adjusted rates for some non-residential disposals. Trustees must apply the correct rate for the asset type when calculating gains.

How are residential property gains treated for trusts?

Gains on residential property held by trusts are often taxed at a flat trust rate, which can be higher than other asset rates. Private residence relief rarely applies to trust-held property, so trustees should review disposals carefully and claim any available reliefs.

Which reliefs might reduce capital gains for trusts?

Common reliefs include relief for property costs, business asset disposal relief in limited cases, and reliefs linked to transfers between spouses or civil partners. Trustees should gather evidence for any reliefs claimed and reference the rules when completing the form.

Where can we download the SA900 and supplementary notes?

HM Revenue & Customs publishes the SA900 form and notes on its website, along with supplementary pages such as SA901 to SA905. We advise downloading the latest versions and reading the notes for guidance on which pages apply to your trust.

Which supplementary pages might a trust need to complete?

Supplementary pages cover income types, capital gains, foreign income and property. The trust’s activities determine which pages are needed. For example, property disposals often require the property supplementary page, while foreign income needs the relevant foreign pages.

How can trustees file online using approved software?

Trustees can file using HMRC-approved trust and estate software which supports SA900 and supplementary pages. Online filing offers validation checks and faster submission. Choose software that supports the trust’s specific supplementary pages and preserves filing records.

How do we file by post and where should we send paper forms?

You can post a paper SA900 to HMRC at the address provided for trust and estate returns. The postal address for paper submissions is HMRC BX9 1EL. Send signed forms and keep copies of everything for at least six years in case HMRC queries the figures.

What common mistakes should trustees avoid when completing the SA900?

Avoid missing income items, misreporting disposals, and using personal allowances incorrectly. Common pitfalls include omitting foreign income, double-counting distributions, and failing to attach required supplementary pages. A checklist helps prevent these errors.

What are the filing deadlines for paper and online submissions?

Paper returns generally have an earlier deadline than online filings. Deadlines align with the end of the tax year and the subsequent reporting periods. Missing the correct deadline can trigger penalties, so plan to complete paperwork well in advance.

When is any tax due and how do trustees pay?

Tax on trust income and gains is due by the usual payment dates after the tax year end, though specific instalment rules may apply. Trustees can pay HMRC by direct debit, bank transfer or debit card. Settling liability on time reduces interest and penalties.

What penalties apply for late or incorrect filings?

Penalties start with fixed fines for late filing and increase over time. Additional penalties apply after three months and for persistent late compliance. Inaccurate returns can lead to further charges, so prompt correction is important.

How do we correct an error on a submitted trust form?

You can submit an amended return or contact HMRC to correct errors. Minor mistakes may be corrected online, but substantial changes usually require a formal amendment. Keep clear records of the change and the reason for HMRC review.

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