A trust is a legal arrangement where a settlor transfers assets to a trustee to manage for beneficiaries.
The trust structure provides asset protection and wealth management benefits to individuals and families looking for long-term financial planning solutions.
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In this guide, we’ll learn the important aspects of setting up a trust in Singapore, such as benefits, taxation, process, etc.
This helps in making informed decisions while setting up a Singapore trust.
Benefits of setting up a trust in Singapore
Trusts in Singapore are governed by the Trustees Act (Cap. 337), which codifies trust law and incorporates English common-law principles.
The major benefits offered by trusts in Singapore comprise:
- Manage family wealth:
A trust lets the settlor specify how assets are invested and distributed.
For example, the Monetary Authority of Singapore notes that trusts allow you to control and protect your family assets.
- Provide for dependents:
Trusts can ensure care for minors or vulnerable family members.
For instance, they let you provide for children or relatives with special needs on a schedule you choose.
- Protect against claims:
Placing assets in trust generally shields them from the settlor’s personal creditors or divorce settlements.
In fact, a living trust protects your assets from creditors if you’re ever made bankrupt, and can protect against divorce claims.
Other prominent uses of a trust in Singapore, which are common benefits in most countries include:
- Corporate usage
- Charitable purposes
- Tax savings
Each of these uses follows the settlor’s instructions.
Note: In Singapore, a settlor cannot typically be a beneficiary of their own trust without risking a claim as a nominee arrangement.
Singapore has no estate tax on death (estate duty was abolished in 2008).
Other Notable Aspects
The country provides strict client confidentiality to protect the personal information of settlors and beneficiaries. This privacy protection is backed by comprehensive secrecy provisions enacted by the Singapore government.
There is no registration requirement for trusts in Singapore. This reduces administrative burdens and maintains privacy.
The country also offers protection from forced heirship rules that might apply in other jurisdictions.
Singapore’s political stability and supportive government create an ideal environment for gestión de patrimonios.
The well-developed legal system based on English common law provides predictability and security for trust arrangements.
How long is a Singapore trust good for?
Singapore trusts have a perpetuity period of 100 years. This extended time frame allows for multigenerational wealth planning.
Families can establish long-term financial security through properly structured trusts.
The trust deed can include provisions for earlier termination if desired. This flexibility allows settlors to adapt to changing family circumstances.
Amendment clauses can also provide options for adjusting trust terms over time.
Singapore’s legal framework ensures the continuity of trusts even after the settlor’s passing. This provides certainty for beneficiaries and preserves the settlor’s intentions.
The stable legal environment contributes to the longevity and reliability of Singapore trusts.
Types of Trusts in Singapore
Singapore offers several types of trust structures to meet different needs.
Testamentary Trust
The testamentary trust is created through a will that activates after death.
It is ideal for those with young children, special needs dependents, or beneficiaries unable to manage significant assets.
Testamentary trust cannot be revoked once established.
Private Family Trust
It protects family wealth by shielding assets from creditors, bankruptcy, exchange controls, hostile governments, and probate proceedings, and can be structured via will, deed, or declaration.
Revocable Trust
It can be modified or terminated by the settlor, allowing continued asset control.
However, assets remain subject to estate duty and offer no protection from creditors in bankruptcy.
Irrevocable Trust
Assets placed in this trust cannot be reclaimed and are no longer part of the settlor’s estate upon death.
It provides creditor protection if established at least 5 years before bankruptcy.
Collective Investment Trust
Designed purely for investment purposes, including unit trusts, business trusts, and REITs, it often involves high fees and potential investment risks.
Charitable Trust
It is exempt from standard trust creation requirements like certainty of object and perpetuity, offers tax benefits and doesn’t require specified beneficiaries.
Discretionary Trust
It grants trustees discretion over asset distribution decisions (who receives assets, how much, and when), and also protects assets from creditors in bankruptcy.
Asset Protection Trust
It shields assets from business or investment losses.
Assets aren’t considered part of the settlor’s estate, protecting them from creditors in bankruptcy and distributing them upon death.
Express Trust
Through an express trust, a settlor can intentionally transfer property to a trustee, for the trustee to hold on trust for beneficiaries.
With this trust, the settlor can also declare himself to be a trustee for the beneficiaries.
Foreign Trust
The Singapore Foreign Trust is designed for non-residents. Both the settlor and beneficiaries must not be citizens or residents of Singapore.
These trusts enjoy tax exemptions on income from designated investments.
Qualifying Foreign Trusts
Qualifying Foreign Trusts (QFTs) provide significant tax incentives for foreign investors.
This initiative is backed by the Monetary Authority of Singapore. It enhances Singapore’s appeal as a global wealth management hub.
Note: Singapore Locally Administered Trusts are managed by licensed trust companies in Singapore.
To qualify, every settlor must be an individual, all beneficiaries must be individuals or charitable institutions, and at least one beneficiary must not be a settlor of the trust.
How to set up a trust in Singapore
Creating a trust in Singapore follows a structured process and requires a written trust instrument (such as a trust deed or a will).
The settlor must have the legal and mental capacity to create the trust and must demonstrate a clear intention to create it.
The trust must have a definite purpose and identifiable trust property, e.g., specific money, real estate, or shares. For a trust of real estate, the transfer usually must follow the formalities for land conveyance under Singapore law.
In practice, one engages a trust lawyer to draft the trust deed (or will clause) that names the settlor, trustee, and beneficiaries and sets out how the assets are to be managed or distributed.
The trust is formally created when the settlor transfers the legal title of the designated assets to the trustee or declares that the trustee will hold certain assets.
After creation, the trustee holds the assets on the terms agreed. The settlor may also reserve powers, for example, to replace trustees or add beneficiaries in the trust deed.
Because of the legal implications, it is advisable to seek professional advice before setting up a trust.
Singapore’s trust framework is considered robust and business-friendly. The statutory and regulatory rules give settlors confidence that their assets will be well-managed. For example, requiring licensed trust companies to act as trustees, and imposing a high duty of care on trustees.
At the same time, Singapore law allows a reasonable degree of settlor involvement: for instance, a settlor may be a protector or may keep limited investment powers if provided in the trust deed.
In all cases, clear legal documentation and adherence to the relevant statutes ensure that the trust will operate as intended.
Can a foreigner set up a trust in Singapore?
Yes, foreigners can establish trusts in Singapore.
The Qualifying Foreign Trust (QFT) framework specifically caters to foreign investors. This makes Singapore’s trust benefits accessible to international clients.
Foreigners must work with licensed trust companies in Singapore. These companies handle the administration and compliance requirements. The process is straightforward with minimal bureaucratic hurdles.
Singapore’s trust structure is beneficial for individuals considering changes in citizenship or with family members living abroad.
The streamlined estate planning framework allows for seamless asset transitions without lengthy legal procedures.
The socio-economic stability of Singapore makes it particularly attractive to high net worth individuals from around the world.
En competitive tax regime and progressive financial regulatory framework also enhance this appeal.
Are Trusts taxable in Singapore?
Singapore offers attractive tax benefits for trusts.
There is no capital gains tax in Singapore. This creates significant advantages for trusts holding appreciating assets.
Singapore Foreign Trusts enjoy tax exemption on income derived from designated investments. This exemption is limited to underlying companies not incorporated in Singapore. To qualify, both settlor and beneficiaries must not be Singapore citizens or residents.
For Singapore Locally Administered Trusts, both the trust and its holding company are exempt from tax on relevant income.
Singaporean resident beneficiaries are taxed at a rate of 17% on their trust income.
Taxation in Singapore follows a territorial and remittance basis. Only income accrued in or derived from Singapore or overseas income received in Singapore is subject to tax.
How much does it cost to open a trust in Singapore?
The cost of establishing a trust in Singapore varies based on several factors. These include the complexity of the trust structure and the value of assets involved.
Setting up a basic trust in Singapore typically incurs one-time legal and setup fees of SGD 2,000–20,000.
Professional trustee administration fees usually run 0.5–1.5 % p.a. of assets under management, or flat annual fees.
For special-needs beneficiaries, the non-profit Special Needs Trust Company subsidises 90–100 % of fees, reducing costs substantially
Professional fees for legal advice and trust drafting form a significant portion of the costs.
To obtain a trust business license, your company must maintain a minimum of $250,000 in paid-up capital or qualifying assets.
You must continuously maintain this minimum net asset value or qualifying assets, along with sufficient Professional Indemnity Insurance that matches your trust business risk profile.
To apply, submit completed Form 1 under the Trust Companies Regulation with a non-refundable $1,000 application fee payable to the Authority. Payment instructions will be provided after your application is received.
The ongoing annual license fee is $4,000.
Conclusión
Singapore offers robust trust regulation, providing confidence to individuals and families that their assets are securely managed under comprehensive statutory and common law protections.
Singapore’s system uniquely allows settlors to maintain certain powers over trust assets and participate in investment management if desired.
Consulting an experienced trust attorney or advisor is highly recommended to determine the optimal trust structure for your specific circumstances.
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