Figures relate to tax year 2025-26 (UK) · 2025 (US)
A friend asks you to join the board of a local charity. You say yes, because it costs a few evenings a year and the cause matters to you.
Nobody mentions tax. For your British colleagues there is nothing to mention, so the subject never comes up.
But becoming a charity trustee while holding American citizenship drags an unpaid volunteer role into the American reporting system. The duty itself is small. Missing it is not.
Key takeaways
- Signing on a charity's bank account creates an American reporting duty.
- That duty exists even though none of the money belongs to you.
- The threshold looks at the charity's balances, not your own.
- Most UK charities do not count as foreign trusts for you.
- Form 8938 generally ignores accounts you merely sign on.
- Your own gifts to the charity rarely reduce your US tax bill.
- Resigning does not erase the year you served.
What is a charity trustee for US tax purposes?
Nothing at all, which is the point worth grasping first. American tax law has no category for the role. What it does have is a rule about accounts, and a charity trustee usually ends up with authority over one. The reporting follows the signature rather than the title.
So the question is never whether a British charity regulator calls you a trustee. It is whether a bank would act on your instruction.
That distinction matters because boards vary. Some charities give every board member banking rights, while others restrict them to a treasurer and a chair.
Does the role itself get reported?
The role does not, but the bank accounts behind it usually do. An American with signature authority over a foreign account reports it once the combined balances cross the threshold, whoever owns the money. According to FinCEN guidance, authority alone triggers the duty.
For 2025 that threshold stays at $10,000 across all foreign accounts combined. Crucially, the charity's balances count towards your total.
So a charity trustee whose charity holds $40,000 in reserves goes over the line on that alone. Your personal current account never enters the calculation.
Our guide to FBAR signature authority sets out how far that rule reaches.
A worked example
Take an illustrative example. An American lives in Bristol and joins the board of a community arts charity in March 2025.
The charity runs a current account holding £38,000 and a reserve account holding £65,000. She is one of three signatories on both.
She owns none of it and draws nothing from it. Still, she reports both accounts, because her authority over them is real.
Her own savings total £4,000, well under any threshold. Without the trustee role she would file nothing at all.
The two positions compared
| Feature | Signatory trustee | Non-signatory trustee |
|---|---|---|
| Reports charity accounts | Yes | No |
| Counts charity balances | Yes | No |
| Owns the money | No | No |
| Pays tax on charity income | No | No |
| Form 8938 reporting | Generally no | No |
| Penalty exposure | Real | None |
Which accounts count?
Every account the charity holds that you can operate, which often runs wider than board members expect. Current accounts, deposit accounts, building society accounts and investment platform cash all qualify for a charity trustee. If a signature of yours moves the money, it counts.
Petty cash and a card in a volunteer's pocket sit outside the rule, because neither is an account at a financial institution.
Branch accounts run by a local group can be messier. Where a national charity lets a regional committee bank separately, each account stands on its own.
What about the charity's investments?
An investment portfolio held in the charity's name follows the same logic as its bank accounts. If you can instruct the manager, you report the account. The underlying funds raise no personal tax question, because the charity owns them rather than you.
That last point reassures any charity trustee who has read about pooled British funds and the American rules on them.
Those rules bite on what you own. A charity's holdings never pass through to a trustee's return.
Does Form 8938 apply as well?
Usually not, which surprises people who assume the two regimes march together. Form 8938 looks at assets you hold an interest in, and a trustee holds no interest in charity money. Signature authority alone sits outside it, according to IRS guidance on the form.
So a charity trustee commonly files one report and not the other. The two forms ask different questions despite the overlap.
Our guide to Form 8938 reporting explains where the line falls.
Is the charity a foreign trust?
Almost never in the way Americans fear, even where the charity takes a trust form in law. The American trust reporting rules target people who fund a trust or take benefits from it. A charity trustee does neither, so the heavy forms stay away.
Where it gets delicate is a small family foundation funded by the American charity trustee personally. Then you are a donor as well, and the analysis changes.
In our practice that pattern shows up mainly with bequests. Somebody leaves money to set up a fund, and a relative agrees to run it.
What if the charity is a company?
A charitable company limited by guarantee has no shareholders, so the American rules on owning foreign companies find nothing to grip. You hold no shares and take no profits. A charity trustee of such a company reports its bank accounts and nothing more.
Trading subsidiaries are the exception worth watching. Many charities run one to handle shop income or events.
Those subsidiaries do have shares, though the charity owns them. A trustee still owns nothing, so the position holds.
Can you deduct your own donations?
Not straightforwardly, because American charitable relief normally stops at organisations recognised in the United States. A gift to a British charity falls outside that rule. The treaty opens a narrow door, but it limits relief to income arising in Britain.
So the deduction is useless to somebody whose income comes entirely from American sources. It helps an American living and earning in Britain rather more.
Our guide to charitable giving across both systems works through the routes that function.
What about Gift Aid?
Gift Aid works perfectly well for an American donor who pays enough British tax to cover it. The charity reclaims the basic rate, and a higher rate taxpayer claims the difference. Nothing about American citizenship blocks the scheme, according to HMRC guidance on claiming it.
The trap is declaring Gift Aid when your British tax bill is too small to support the claim.
That happens to Americans who shelter most of their income under the foreign earned income exclusion. HMRC can then ask the donor to make up the shortfall.
Do expenses count as income?
Reimbursed travel and subsistence do not, provided the charity repays what you actually spent. That is a repayment rather than a payment. Round sum allowances are different, because an amount nobody has to justify starts to look like earnings on both sides.
So every charity trustee should keep receipts, even for small sums, and let the charity reimburse against them.
British charity regulators take the same view, so the discipline serves two purposes at once.
What if the charity pays you?
Then you have employment or self-employment income, and both systems want to see it. Payment to a trustee is unusual in Britain and normally needs specific authority. Where it happens, the sum goes on your British return and on your American one.
The foreign tax credit then does its usual work, so double tax rarely survives.
Still, the payment can unsettle your charity law position. Take advice before accepting anything.
Does a charity trustee role affect your UK tax?
Hardly at all, because an unpaid trustee receives nothing to tax. The role creates no British filing duty of its own. What it can do is expose you to liability if the charity goes wrong, and that risk is legal rather than fiscal.
Trustee indemnity insurance covers much of it, and most well run charities carry a policy.
According to Charity Commission guidance for trustees, personal liability remains rare where the board acts honestly and takes advice.
What about a US charity with UK trustees?
The mirror image causes fewer problems. An American organisation holding American accounts raises no foreign reporting for anybody. British trustees of such a body simply have no American account to report.
Dual structures are where it tangles. A British charity with an American friends organisation runs two sets of books.
Sit on both boards and you may report in one direction only. The American accounts stay invisible to the foreign account rules.
Does it matter how many trustees there are?
Not for your reporting, because the duty attaches to each signatory separately. Three American trustees on one account produce three charity trustee reports of the same balance. Nobody divides the figure between them, and nobody reports a share.
Boards find that odd when they first hear it. The logic comes from authority rather than ownership.
Each of you could empty the account alone, so each of you discloses the whole of it.
What if you serve on several boards?
Every account from every charity goes on the same report, alongside your own. The form has room for many accounts and asks for the highest balance each one reached. Three small charities can push one charity trustee over the threshold between them.
In our practice that is the most common way people stumble into filing. No single role looks significant.
Added together, they are. A church, a school fund and a sports club can carry serious reserves.
What happens if you resign?
You still report the year you served, because the duty follows the calendar year rather than your current position. Resigning in February still leaves a charity trustee report due for that year. The following year drops away once the bank removes you as a signatory.
So ask the charity to confirm in writing when it took your name off the mandate.
Banks are slow at this. We have seen former trustees left on mandates for years after they walked away.
What records should you keep?
Keep the year end statements for every charity account you sign on, plus the board minute appointing you as a charity trustee. Between them they fix the balances and the dates.
Ask the treasurer for statements annually rather than hunting for them later. Charities change finance officers often, and old records go missing.
Six years is the sensible retention period, matching the American reporting window.
How to handle the reporting
- List every charity account your name appears on.
- Ask the treasurer for the highest balance each one reached.
- Add your personal foreign accounts to the same list.
- Convert the totals using the year end official rate.
- File the foreign account report by the usual deadline.
- Check whether your asset total also triggers Form 8938.
- Confirm in writing when the bank removes you from a mandate.
- Repeat the exercise each year you remain on the board.
Mistakes and penalties we see with a charity trustee role
The first is assuming ownership matters. It does not, and the forms never ask whose money it is.
The second is reporting a share rather than the whole balance. Every signatory discloses the full amount.
The third is forgetting the charity entirely once personal accounts look small. For 2025 a non-wilful failure can still carry a penalty of roughly $10,000 per account per year.
The fourth is claiming Gift Aid without enough British tax behind it. That one costs money rather than paperwork.
How US UK Tax Accountants helps
We map every account a client can operate, including the ones they never think of as theirs. Then we file the reports and keep the mandate records straight year to year.
Where somebody has served for years without reporting, we look at the catch up routes before anything else. Our FBAR and FATCA service handles the filings themselves.
If a board seat has landed you in the American system by accident, get in touch and we will scope it properly.
Last reviewed 11 October 2026. This article is general information and not personal tax advice. Charity structures differ, so take advice on your own board before filing.
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Get in TouchPrimary sources
Official guidance from the IRS, FinCEN and GOV.UK. Thresholds and rates on those pages are updated annually — check the current tax year before relying on a figure.
- GOV.UK — The essential trustee: what you need to know (opens in a new tab)
- FinCEN — Report of Foreign Bank and Financial Accounts (opens in a new tab)
- IRS — About Form 8938 (opens in a new tab)
- IRS — Charitable contribution deductions (opens in a new tab)
- GOV.UK — Claiming Gift Aid as a charity (opens in a new tab)



