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Updated guidance on reporting trust discrepancies

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HMRC has issued updated guidance on reporting a trust discrepancy to reflect changes made to the principal money laundering regulations by SI 2022/860 which came into force on 1 April 2023.

A relevant person must now ask for a trust’s proof of registration when either:

  • a trustee or agent of the trust approaches them to set up a new business relationship; or
  • as part of ongoing monitoring, they are required to check the details of trusts with which they have an existing business relationship.

A report should be submitted to HMRC if either:

  • there is a material discrepancy between information the person holds about the trust and the equivalent details on the proof of registration; or
  • the trust is not registered with HMRC, the relevant person thinks it should be, and the matter cannot be resolved with the trust.

A material discrepancy happens when the relevant person both:

  • holds information about a trust that is significantly different from the proof of registration given by the trustee or agent; and
  •   reasonably believes the discrepancy has occurred from money laundering, terrorist financing or concealing the business of the trust (whether deliberately or by accident).
Issue: 1616
Categories: News
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