Article

Characteristics of An Offshore Trust

Topic: Business ConsultingPublished April 22, 2013

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Many are not aware of what is an offshore trust. The definition in the modern sense does not differ much from the traditional concept. However, today it is held at an offshore financial instruction. The offshore trust functions like a normal tourist. The offshore assets are protected which is a great advantage of having an offshore trust. It is formed through an arrangement that is entered into by a person or a group that is referred to as a trustee. The trustee and the settler come into an agreement. The settler is a group of people or a distinct person. The provisions are made in the form of a legal agreement. It is known as a deed of trust that is formed between the trustee and the settler. Why form A Trust Fund? Why an offshore trust formed and what are the benefits? Overseas trusts are formed due to the distinct asset protection that is provided. One can hold assets as well as funds and property and these assets are then managed in accordance with the rules laid down in the deed of trust. There are offshore tax benefits that one can avail of as well which are preferred to the taxes residing in one’s country. The distribution of the funds or the benefits of the assets among the group of persons who are known as beneficiaries of the trust fund is also dictated by the deed of trust. Characteristics of Overseas Trusts Thus, when you are talking of offshore trusts the following characteristics are highlighted: • One will get additional benefits in terms of offshore asset protection than what is available onshore • The tax benefits are better in case of an offshore trust as compared to onshore tax liabilities • The trustee of a trust fund as well as the offshore trust company is entrusted with the management of the trust • These parties are bound by fiduciary duty to uphold the terms of such an agreement • There are requirements that are set out in the deed of trust • There is a trusting arrangement which is in writing and by its terms they need to provide for the beneficiaries Reasons Behind Such Funds Why are offshore trusts formed? It is formed for a variety of reasons and many of the clients use such a trust in order to ensure their financial security in their retirement time as well as to provide funding for school fees, university fees and other requirements. When one has decided to set up an offshore trust, they need to decide what kind of trust it will be as well as the duration of the trust and other criteria regarding a trust. One also needs to decide on the following criteria: • Will the trust be revocable or not • Will the trust be discretionary • Specifying the rights as well as duties and obligations as well as expectations of the trustee. These points need to be considered when setting up such a trust fund.

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