Trusts

What makes a trust permissible?

Trusts created before 27 July 1999

A trust created before 27 July 1999 is permissible if 

  • no property has been transferred to the trust since this date, and 
  • the terms of the trust have not varied since this date

If the trust is a pre-1999 trust, then you must report:

  • that the donation was from a trustee;
  • the date on which the trust was created;
  • the full name of 
    • the creator of the trust; and 
    • every individual or organisation by whom, or under whose will, property was transferred to the trust before 27 July 1999

Permissible donor trusts

Permissible donor trusts may have been created before or after 27 July 1999.

A permissible donor trust is permissible if

  • the trust was created by an individual or organisation that was a permissible source at the time; and
  • only transfers of property from permissible sources have been made to the trust 

If a trust was created by an individual’s will, that individual must have been on a UK electoral register at any time within five years prior to the date of their death.

A trust cannot be a permissible donor trust if it has ever received property from an impermissible or unidentifiable source.

If the trust is a permissible donor trust, then you must report:

  • that the donation was from a trustee;
  • the required permissibility details of 
    • the individual or organisation that created the trust; and 
    • every other individual or organisation by whom, or under whose will, property has been transferred to the trust
Last updated: 21 November 2023