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Trust vs. foundation

JustAnotherNomad

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Oct 18, 2019
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Can somebody give a little bit more information about trusts vs. foundations?

They seem quite similar, except that a foundation is a bit more like a company, it usually has a board of directors, but in some jurisdictions it can also be managed by a company.
With trusts there are revocable and irrevocable trusts, which is about if the settlor still has control over it. With a foundation, there is a similar concept regarding “effective control” - right?

The way I understand it, trusts are an Anglo-Saxon concept, so they are widely used in the US, UK, Singapore and many other countries. Other Central or Northern European countries don’t have the same concept and tax authorities are usually extremely skeptical of them. They might not even recognize the concept?

Foundations however are recognized all over the world. It is generally a good idea to choose a jurisdiction that doesn’t recognize foreign court rulings for better asset protection. So somebody suing the trust/foundation can’t just sue you in your home country and then use the court ruling to get the money from the entity in the other country.

When you still have control over the trust/foundation, tax authorities will usually ignore it and treat the funds as your personal property. They might not even recognize the entity at all if it’s located in an offshore jurisdiction. Ok, so that’s a risk. But what about asset protection? Would they still work for asset protection purposes?

Can someone give some more info?
Or to put it differently, why would anyone choose a Liechtenstein foundation when you can get the same thing with a Seychelles foundation or Nevis trust?
 
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Foundation has no owners and is a lot stronger than a trust with regards to protection. The founder sets out the parameters on which the foundation is run and how income is distributed if any.
Any and all income is tax free so it simply accumulates income.

Assets can only be placed in a foundation if they are clear of any liens. No bank will lend against assets in a foundation.

When funds are taken out of the foundation then tax is applicable. So it would be a good idea to ensure that you are totally tax efficient before liquidating the foundation.

In my experience Seychelles, Mauritius and Gurnsey are very good when opening accounts for Foundations.

It should be looked at as a long term solution for tax and wealth planning. You can not use it to simply avoid tax on transactions. The bank will also keep a close eye on your transactions and if they dont like the way you are using the entity will shut your account.
 
It depends on your country of residence. Most countries with civil law struggle with the trust concept, in which case protection wise a foundation is likely stronger.

Tax wise you also need to check where things stand. Some countries in Europe will tax the founder 'as if' the foundation/trust did not exist. And will tax the beneficiaries as well unless, in exceptional cases, the amount received can be qualified as donation. In some countries the donor pays the tax, in others the receiver. Should your beneficiary happen to live in the right country then he may be able to receive the amount tax free, provided it is a one-off.
 
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