HMRC is contacting some trustees after identifying possible errors in recent Trust and Estate tax returns relating to the type of trust being reported.

The latest HMRC compliance campaign focuses on trusts where box 8.15 of the Trust and Estate Tax Return was ticked to indicate that the trust is not an accumulation or discretionary trust. HMRC says its records suggest that some of these trusts may in fact fall within this category and could therefore have been taxed at the wrong rates.

Accumulation and discretionary trusts generally pay Income Tax at special rates of 39.35% on dividend-type income and 45% on other income, compared with lower rates for many other trusts. Some discretionary trusts are exempt from the special trust rates.

Trustees receiving a letter should review each relevant tax return and respond to HMRC by 2 November 2026. If the returns are correct, HMRC should be told. If additional tax is due for 2024-25, the return should be amended and the tax paid. Earlier years may require a voluntary disclosure to be made. There may be interest to pay and, depending on the circumstances, a penalty may also be due.

Trustees should also check that the trust's details on the Trust Registration Service remain accurate. HMRC requires trustees to keep relevant information up to date, including changes to beneficiaries.

If you receive one of these letters we can help you review your position and advise on the appropriate action.

After someone dies, the beneficiaries may find that the way an estate has been distributed does not reflect their wishes or the family’s circumstances. A Deed of Variation can allow beneficiaries to change how inherited assets are passed on and, in some cases, can help reduce the amount of tax payable. It is important to note that any beneficiaries who would receive less as a result of the changes must agree to the alteration.

A Deed of Variation (also known as a deed of family arrangement) allows beneficiaries to redirect all or part of their inheritance. This could include passing assets to another family member, changing who receives certain assets, or placing assets into a trust.

For tax purposes, where the required conditions are met, HMRC treats the variation as if it had been made by the person who died. This means the redirected assets are generally treated as passing directly from the deceased rather than from the original beneficiary. This can be useful for Inheritance Tax planning and may also have Capital Gains Tax benefits.

To be effective for tax purposes, the variation must normally be made within two years of the date of death. It must be in writing and contain the required statements confirming that the relevant tax rules are to apply. All beneficiaries whose interests are affected must agree to the changes.

A Deed of Variation cannot be used simply to avoid tax after an inheritance has already been received. Before making any changes, beneficiaries should consider the wider tax and family implications.