Inheritance Tax Act 1984 section 218

Non-resident trustees

Section 218 requires professionals involved in creating a trust with non-UK-resident trustees to report it to HMRC where the settlor was a long-term UK resident.

• A professional (other than a barrister) involved in setting up a trust must file a return with HMRC within three months if the settlor was a long-term UK resident and the trustees are or will be non-UK resident
• The return must include the names and addresses of the settlor and the trustees
• No return is needed if the trust was created by a will, or if someone else has already filed a return or delivered an account under section 216
• Trustees are treated as non-UK resident unless the trust is ordinarily administered in the UK and a majority of the trustees are UK resident