Trustee Residence TC 2016

The residence status of trustees as a body 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, 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!

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