TRS 2026 Changes: Non-UK Trusts with UK Land

The 2026 amendments to the Money Laundering Regulations also changed who has to register on HMRC's Trust Registration Service (TRS) and which trusts are excluded. This guide sets out what the Money Laundering and Terrorist Financing (Amendment) Regulations 2026 (S.I. 2026/621) say about trusts, and what HMRC has published so far in its guidance and its August 2026 Trusts and Estates newsletter. It is aimed at accountants who advise trustees or settlors. It is general information, not legal advice, and HMRC's guidance is still developing, so check the current pages before you act.

It builds on our general guide to the Trust Registration Service for accountants and the wider 2026 amendments to the Money Laundering Regulations.

A new group of trusts: non-UK trusts that hold UK land bought before 6 October 2020

The main change is an extension of registration. Regulations 24 and 26 of S.I. 2026/621 add a condition covering trusts that acquired an interest in UK land before 6 October 2020 and kept holding it up to the date the provision came into force. The explanatory note describes this as extending registration to non-excluded trusts that meet those conditions at that date.

HMRC's guidance, "Check if you need to register a trust" (first published on 30 June 2026), puts it in practical terms. It says non-UK resident express trusts must register if they have certain UK links, and one of them is holding UK land or property acquired before 6 October 2020 that they still held on 30 June 2026. These trusts must register by 1 September 2027. The legislation sets the same date in a new provision of regulation 45ZA.

The catch: registration is not open yet

On the version of the page we reviewed, HMRC says the Trust Registration Service "currently will not let you register these trusts" and that it will announce when registration becomes possible. In other words, the deadline exists but the service to meet it was not yet available. Trustees and advisers should watch for HMRC's announcement rather than assume they can register now. The August 2026 newsletter adds that all non-UK trusts that have acquired qualifying UK land or property are now in HMRC's trust data sharing process, and it gives no separate registration deadline.

Changes to excluded trusts

Regulation 35 of the amending regulations changes Schedule 3A, the list of trusts that do not need to register. According to the legislation, the main changes are:

• Two-year death-related exclusions. A trust that would stop being excluded only because a trustee has died stays excluded for two years from the death, and a trust created by a deed or instrument varying the dispositions of a person's estate on death, made by that person's beneficiaries, is excluded if less than two years have passed since the death. The August 2026 newsletter describes this as aligning deeds of variation and property co-ownership trusts with will trusts.
• Scottish survivorship destinations. A trust created by a deed revoking a survivorship destination over Scottish common property is excluded.
• A general small-trust exclusion. The legislation excludes a trust if it holds no UK land interest, its assets of appreciable worth do not exceed £2,000 in total, it has not held property worth more than £10,000 cumulatively since it was created, and its income does not exceed £5,000 a year. Assets of appreciable worth include art, antiques, collectibles, jewellery and other non-financial assets that can increase in value. The exclusion is lost for a UK express trust if the settlor has created another UK express trust during their lifetime that is or was excluded under the same paragraph.

HMRC's guidance adds that the small-trust exclusion also requires that the trust has no UK tax liability, and that only one such trust per settlor qualifies. It also notes that taxable trusts must still register.

Smaller changes

Regulation 25 removes Stamp Duty Reserve Tax from a provision in regulation 45, which the explanatory note says means an SDRT liability will not by itself make a trust a taxable trust that must register. Regulation 27 extends the register access provisions in regulation 45ZB from type B trusts to type C trusts as well; the text we reviewed did not set out who may access the register under those provisions.

Existing deadlines and penalties

The new group sits alongside the existing deadlines. HMRC's page lists, for example, a deadline of 1 September 2022 for non-taxable trusts created before 6 October 2020, and 90 days from creation or from becoming liable to tax for later trusts. It says that failing to register may lead to a £5,000 penalty. Our general TRS guide covers the standard rules.

What advisers could do now (our suggestions)

These points are our own, not HMRC requirements:

• Review your client list for non-UK trusts, and ask whether any holds UK land or property it acquired before 6 October 2020 and still held on 30 June 2026.
• Diarise 1 September 2027 and watch HMRC's announcements and newsletters for the date the service opens.
• Where a client relies on the small-trust exclusion, check each of the conditions and the settlor limit, and keep a note of the evidence.
• For estates, check whether a trust arising from a death or a deed of variation falls within the two-year exclusion and diarise the end of that period.
• Remember your own AML duties: understanding who owns and controls a trust client is part of customer due diligence, as in our guide to ultimate beneficial ownership.

Frequently asked questions

Can non-UK trusts with pre-2020 UK land register today?

Not according to the HMRC page we reviewed: it says the service currently will not let you register these trusts and that HMRC will announce when it will be possible. The deadline is 1 September 2027.

Does the small-trust exclusion apply to every small trust?

No. All the conditions must be met, including no UK land interest and no UK tax liability, and HMRC says only one such trust per settlor qualifies.

What is the penalty for failing to register?

HMRC's guidance says that failing to register may lead to a penalty of £5,000.