Putting crypto in a trust allows you to legally transfer, secure, and manage your digital assets through a formal estate planning structure.
It also helps expats and high-net-worth individuals protect their holdings, streamline inheritance, and optimize tax exposure across borders.
This article covers:
- Is crypto a digital property?
- How do you put crypto into a trust?
- How do I legally avoid capital gains tax on crypto?
Key takeaways:
- Crypto is recognized as property and can be held in a trust
- Funding a trust requires transferring assets to a trustee-controlled wallet
- Tax treatment varies by jurisdiction and beneficiary residency
- Trusts enhance protection and succession but add costs and compliance
My contact details are hello@adamfayed.com and WhatsApp +44-7393-450-837 if you have any questions.
The information in this article is for general guidance only. It does not constitute financial, legal, or tax advice, and is not a recommendation or solicitation to invest. Some facts may have changed since the time of writing.
Can cryptocurrency be held on trust?
Yes. Cryptocurrency can be held on trust as long as it is legally classified as property within the relevant jurisdiction.
Courts in Singapore, the US, the UK, Australia, New Zealand, Canada, and the EU have recognized digital assets as property with definable ownership.
This recognition allows trustees to manage crypto the same way they manage company shares, investment portfolios, or IP rights.
However, two elements make crypto unique in a trust structure: private key custody and regulatory compliance.
Trustees must show they can secure private keys, maintain detailed records of wallet movements, and meet anti-money laundering standards.
Many professional trustees already work with digital asset custodians or multisig setups to ensure proper control.
For international families, crypto held in a trust also avoids forced heirship complications and simplifies cross-border succession.
Instead of passing private keys through a will, beneficiaries receive the asset through the existing trust deed and distribution terms.
How do you put your crypto into a trust?
You put your crypto into a trust by transferring the assets into a trustee-controlled wallet under a legally executed trust structure.
The process involves setting objectives, drafting the trust deed, appointing trustees, and completing proper custody and compliance steps.
1. Decide objectives and jurisdiction
-Define why you are using a trust: succession, asset protection, tax planning, governance.
-Choose a trust jurisdiction that supports digital-asset planning and matches your tax and residency goals.
2. Draft and execute the trust deed
-Work with a trust lawyer experienced in digital assets to create a deed that names trustee powers, beneficiary rules, distribution triggers, and investment mandates.
-Include clauses covering private key custody, access protocols, and disaster recovery.
3. Appoint trustee(s) and custodial arrangements
-Select a professional or corporate trustee familiar with crypto or choose a trusted individual plus a qualified digital asset custodian.
-Decide on custody method: single custodian wallet, institutional custody, or multisig with co-signers.
4. Create trustee-controlled wallet(s) and sign access protocols
-Set up wallets for the trust under the trustee or custodian control. For multisig, define listed signers and signing thresholds.
-Implement hardware wallets, encrypted backups, and documented key-splitting if applicable.
5. Transfer assets to the trust wallet (funding)
-Prepare a written assignment of beneficial ownership and an asset schedule.
-Move the crypto from the settlor’s wallet to the trustee-controlled wallet and record the transaction ID, date, and amounts.
-Confirm receipt on-chain and update trust records.
6. Recordkeeping and valuation
-Keep signed transfer records, transaction receipts, wallet addresses, and valuation evidence at time of transfer.
-Log staking, airdrops, or forked tokens and how the trust treats income versus capital.
7. Tax and compliance check
-Notify your tax advisor and file any required tax disclosures for the settlor and trust. Address implications for residency, distributions, and realized gains.
-Complete any Know Your Customer or AML steps required by custodians or banks linked to the trust.
8. Test recovery and access procedures
-Run a controlled test to ensure trustees and backup signers can access funds and follow emergency protocols without exposing keys.
-Store recovery plans securely and update them after the test.
9. Update estate and financial plans
-Amend related estate documents and inform professional advisers about the trust funding.
-Coordinate with banks, exchanges, and advisers so future conversions or distributions follow the trustee’s mandate.
10. Ongoing administration and governance
-Schedule regular valuations, reporting, and trustee reviews.
-Define rules for trading, lending, staking, or other active management inside the trust.
-Keep beneficiary education and communication part of periodic reviews.
Do you have to pay taxes on crypto in a trust?
Yes, taxes can apply to crypto held in a trust when gains are realized, income is generated, or distributions are made to beneficiaries.
The specific tax burden is shaped by the rules of the trust’s jurisdiction and the tax residency of the settlor and beneficiaries.
Some international trust jurisdictions offer tax neutrality, meaning the trust itself does not pay capital gains tax or income tax, but tax can still arise when crypto is sold, distributed, or realized by beneficiaries.
Some countries tax the settlor if they retain control or benefit from the trust. Others tax beneficiaries only when they receive distributions.
A few impose reporting obligations even if the trust is offshore, especially when digital assets generate staking rewards, mining income, or airdrops.
Expats must consider local rules in both their residence country and their citizenship country.
This is especially important for US citizens, who are taxed on worldwide income regardless of where the trust is established.
Is trust good for crypto?
A trust can be good for crypto when the investor wants structure, protection, and a reliable long-term succession plan.
Key benefits of putting crypto in a trust:
- Consolidated custody that reduces risks of private key loss
- A clear inheritance pathway that avoids probate delays
- Asset protection from personal creditors when properly structured
- Governance controls over trading rules, risk limits, and access
- Tax planning flexibility in jurisdictions that do not impose capital gains tax on offshore income
- Professional oversight for long-term management and beneficiary education
However, trusts may not suit investors who prefer complete privacy, personal custody, or frequent high-volume trading without trustee involvement.
Costs also play a role because trustees, custodians, and legal advisers charge fees for setup and ongoing administration.
Conclusion
Putting crypto in a trust is ultimately about turning a volatile, highly personal asset into something structured, transferable, and professionally managed.
For expats and high-net-worth individuals, it offers a way to future-proof digital wealth so that key access, tax exposure, and inheritance outcomes are no longer left to chance.
With the right jurisdiction, trustee, and custody setup, a trust provides a level of continuity and governance that personal wallets alone cannot deliver.
FAQs
How to avoid capital gains tax on crypto?
Many investors reduce CGT by relocating to a no-CGT jurisdiction, realizing gains through an offshore trust, or timing disposals after changing residency.
Compliance is key because some countries impose exit taxes, and others like the US tax worldwide gains regardless of where the sale occurs.
How do crypto millionaires cash out?
Crypto millionaires typically cash out through regulated exchanges, OTC desks, private banks with digital asset support, or stablecoin conversions.
Large disposals are usually staged to minimize slippage and tax impact.
Many high-net-worth individuals funnel proceeds into trusts, corporate wrappers, or managed accounts to streamline reporting and reduce exposure to custody risks.
Can the IRS track crypto?
Yes. The IRS can track crypto through exchange reporting, blockchain analytics, compliance agreements, Know Your Customer data, and international information-sharing networks.
Most major exchanges provide user data to tax authorities.
The IRS now requires explicit disclosure of digital asset activity, and tools like Chainalysis support tracing even non-custodial wallet flows when linked to identifiable transactions.
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