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Lawyers and industry call for more TRS exclusions

Scales of Justice ( Lady of Justice) of the Central Criminal Court fondly known as The Old Bailey in the city of London, England, UK

ICAEW has responded to the Treasury/HMRC consultation on the extension to the Trust Registration Service in the wake of MLD5.  While it welcomes the efforts to narrow the scope of express trusts that will be required to register, it notes several additional trusts that it thinks would warrant exclusion – such as those set up under wills, small charities and insurance policies that pay out other than on death or critical illness. It also calls for consideration to the risks inherent in different kinds of bare trust to ensure regulation is proportionate and wants clarity on which employment related trusts and trusts used for the joint holding of property will be exempt.

ICAEW is also concerned about the proposal that all non-UK trusts that enter into a business relationship with UK entities that fall within the regulated sector should register, as it says this would damage competition and could have a detrimental effect on correct tax compliance.

PIFMA has also responded. It notes that:

Finally, the Financial Markets Law Committee response also urges further exemptions, citing examples in the clearing, settlement and payment systems sectors where express trusts are used as efficient legitimate risk-reduction devices.  The response also notes the consultation has not considered the role and importance of LEIs, especially in the ICO parts of the crypto-asset markets.

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