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Posted Fri, 15 Apr 2022 10:48:48 GMT by ChrisThorpe Thorpe
Do ordinary trading partnerships have to register under the trust registration service? what about that where only some partners told the legal title to the property?
Posted Wed, 20 Apr 2022 07:52:43 GMT by HMRC Admin 19
Hi,

You can see the following guidance on registering a partnership for Income Tax purposes:

Set up a business partnership    

Here is guidance on registering as a Trust if this applies to you:

Manage your trust's details

Thank you.
Posted Thu, 28 Apr 2022 09:36:52 GMT by Chrissie Deller
It would be useful to have a more definitive reply to this please
Posted Wed, 04 May 2022 08:15:59 GMT by HMRC Admin 20
Hi Chrissie Deller,

Please note that ordinary trading partnerships do not have to be registered under the Trust Registration Service.
The link below explains exactly how to register a business partnership (and the individual partners).                

Set up a business partnership     

Thank you.                                            
Posted Wed, 04 May 2022 08:26:45 GMT by ChrisThorpe Thorpe
Thank you. But what about trading partnerships whereby only some partners own the legal title of partnership property, with other only having the beneficial ownership?
Posted Fri, 06 May 2022 13:43:54 GMT by HMRC Admin 20
Hi ChrisThorpe Thorpe,

A trust should be registered when a trust exists, see link for guidance on trusts here:
Trusts and taxes
If a partnership is trading, the partnership should be register under self assessment.
The fact that a partner holds legal title to assets used by the partnership would not normally involve a trust.

Thank you.
Posted Wed, 15 Jun 2022 09:19:27 GMT by Bath Girl
Please can someone from HMRC answer the original question. It is not clear from the guidance if jointly held "partnership" property is treated as an excluded express trust. Thank you
Posted Wed, 15 Jun 2022 15:51:12 GMT by HMRC Admin 10
Hi Vicki Oliver
Please contact the trust helpline on 0300 123 1072.
Thankyou.
Regards.
Posted Tue, 09 Aug 2022 12:21:26 GMT by Chrissie Deller
Hi - I feel the profession are still receiving conflicting views on the position regarding partnerships needing to register for TRS, particularly from articles that law firms have been releasing and the recently updated TRSM23050. In our firm, we mainly act for agricultural clients whereby the land has either been inherited or purchased outside of a partnership (and so not purchased with partnership money), and then introduced as part of that partner's partnership share. This is usually done via a partnership agreement whereby the agreement confirms that no ownership changes hands by virtue of forming a partnership that is allowed to operate on the land. The land is then shown in the legal owners land capital account in the accounts, and so the beneficial and legal ownership are still with that one person, however he is in partnership with others and the partnership uses the land in it's trade. Would that give rise to a situation as set out in TRSM23050 whereby the partnership would need to register?
Posted Thu, 25 Aug 2022 18:03:19 GMT by HMRC Admin 25
Hi Chrissie Deller, 

To obtain a detailed response to your enquiry from technical advisors who specialise in trust registration, please call or write to the TRS. 

You will find the conatct details using this link: 

Trusts

Thank you. 

 

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