IHT & Estate Planning
UK resident or non-resident trust?
Last Updated: 6 Apr 24 1 min read
Trustees are treated as a single notional person, distinct from the individuals who make up the trustees. With that in mind, the residence status of trustees as a body under UK rules is as follows:
All trustees are resident in the United Kingdom
The trust is resident in the UK for Income Tax and Capital Gains Tax purposes.
All trustees are resident outside the UK
The trust is not resident in the UK for Income Tax and Capital Gains Tax purposes.
There is a mixture of resident and non-resident trustees acting at the same time
The trust is resident in the UK unless the settlor was:
- not resident in the UK and
- not domiciled in the UK
at the time the settlor made, or is treated as making, the settlement and any time when the settlor adds property to the settlement.
If the settlement arises on a settlor’s death then the settlor’s residence and domicile status are considered immediately before the death.
These are the UK rules on trustee residence – other jurisdictions may have different rules.
For Trust Registration Service purposes the residence status of a trust is set out here.
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