Who Needs to Register
Generally, registration applies where a trust has Irish tax obligations or holds Irish property.
However, this can include UK trusts holding Irish-based offshore bonds which are commonly held in trusts set up via financial planners, including gift trusts, loan trusts, absolute trusts and discounted gift trusts. If you are unsure if your bond is based in Ireland, speak to your financial planner.
Deadlines
By when should these trusts be registered:
- A new trust should be registered within 90 days of its creation.
- Any existing trusts that are registrable should also be registered as soon as possible.
Penalties and interest on late registration
Trustees who fail to register a trust on time could face penalties, starting with a €100 fine for late registration. On top of that, interest for prolonged late registration or filings can also be applied. In cases involving taxes, there could also be interest on any unpaid tax liabilities.
Penalties can increase for repeated or serious non-compliance. If non-compliance continues, a €5,000 fine could be imposed, and the Irish Revenue Commissioners have discretion to apply further penalties if they deem appropriate.
However, trustees who correct their errors promptly and cooperate with the authorities could have their penalties reduced.
How can Ludlow help
If you’d like some assistance with the registration process or would like more information on how Ludlow can assist, please do get in touch with us via [email protected].