The Trust Registration Scheme (TRS) is a new legal requirement, applying to unincorporated clubs that have their property/assets held by trustees from 1st September 2022.
Unincorporated organisations (clubs) are required to register with the TRS, providing the appropriate information including details of the current trustees and secondly, to keep that information up to date.
What is an unincorporated organisation?
Unincorporated organisations, including many bowls clubs, have no separate legal capacity, so their property (for example freehold or leasehold property) is held by individuals or by a legal entity on their behalf. Often within sport, the property is held by members willing to act as trustees. This arrangement is usually evidenced by a formal trust document, or within the club’s constitution.
What exclusions are available?
Because of the potential implications for unincorporated associations, guidance has been sought on behalf of the sports sector from the HMRC Trust Policy Team responsible for TRS. HMRC has confirmed that there is no exclusion unless one of the exclusions in the regulations applies.
The current view is that no exclusions are likely to be available except for charities and HMRC has specifically confirmed that there is no exclusion for clubs registered as Community Amateur Sports Clubs (CASC’s).
Action
Unincorporated clubs should:
- Review the requirement to register with TRS and discuss within your Club Committee
- If necessary register with TRS and provide the appropriate information including details of the current trustees
- Keep that information up to date
Please note that the information required to register is quite extensive. Further details of what is required can be found at: www.gov.uk/guidance/manage-your-trusts-registration-service
Further Information
Sport England and the Sport & Recreation Alliance are producing guidance on behalf of the wider sector, but we wished to provide you with this update.
An earlier advisory document prepared by an independent tax expert can be viewed at: https://www.icas.com/news/hmrcs-trs-and-sports-clubs
Please note that, having provided this initial information and given the large number of clubs potentially impacted, we are unable to respond to enquiries from individual clubs on this matter. We recommend that any enquiries regarding your club be directed to HMRC by email: trsm.feedback@hmrc.gov.uk