IHTM42604 - Foreign element: offshore trust declaration IHTA84/S218

Under IHTA84/S218, where any person, in the course of a trade or profession carried on by them, other than the profession of a barrister, has been concerned with the making of a settlement and knows or has reason to believe  

  • that the settlor was long-term UK resident (IHTM47000) (from 6 April 2025) or was domiciled (IHTM13000) in the United Kingdom (to 6 April 2025), and  

  • that the trustees of the settlement are not or will not be resident in the United Kingdom,  

that person must, within three months of the making of the settlement, make a return to the Board stating the names and addresses of the settlor and of the trustees of the settlement.  

S218 does not apply if the trust is made by will or if an account IHT100 regarding the creation of the trust has been delivered to us.  

A penalty arises under IHTA84/S245A (1) if a person fails to make a return under S218 within 3 months. (IHTM36010)