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UK resident or non-resident trust?

Author Image The Technical Team
1 minute read
Last updated on 2nd Jan 2020

The residence status of trustees as a body under UK rules is determined 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.

Bear in mind that these are the UK rules on trustee residence – other jurisdictions may well have different rules.

 

Labelled Under:
Trustees

"Prudential" is a trading name of Prudential Distribution Limited. Prudential Distribution Limited is registered in Scotland. Registered Office at Craigforth, Stirling FK9 4UE. Registered number SC212640. Authorised and regulated by the Financial Conduct Authority. Prudential Distribution Limited is part of the same corporate group as the Prudential Assurance Company. The Prudential Assurance Company and Prudential Distribution Limited are direct/indirect subsidiaries of M&G plc, a company incorporated in the United Kingdom. These companies are not affiliated in any manner with Prudential Financial, Inc, a company whose principal place of business is in the United States of America or Prudential plc, an international group incorporated in the United Kingdom.