Who to Trust about Your Trust?
Trusts as a type of structure can provide significant asset protection, along with estate planning and tax benefits. There are more types of trusts than most people care to acknowledge. Believe it or not, just like there is no such thing as one-size-fits-all for shoes, the same could be said about trusts. Choosing the right trust for you and your family is very much dependent on numerous factors, with some of the factors conflicting.
Discretionary Family Trust
This is the most common type of trust. These family trusts are usually established to manage, protect and pass on family assets, from one generation to the next. Family assets may include (but is not limited to):
– shares
– personal property
– business
– real estate
The income and capital gains can be distributed to any family member that the trustee sees fit. This is called the trustee’s discretion, and is the reason why family trusts are popular from a tax point of view. The trustee can choose to distribute income to the family members who are on the lowest marginal rates of tax.
Family members include all members in your own family lineage, as well as your partner’s parents, their children, grandparents, brothers, sisters, nieces, nephews as well as their spouses.
Unit Trust
The second most common type of trust is the unit trust.
A unit trust is a specific type of trust that dividends the beneficial ownership of the trust property into units. It is most suitable for non-related parties, but even some families prefer this type of trust, as it clearly distinguishes ownership percentages.
It differs from a discretionary family trust in that the trust property in the unit trust is held absolutely for the unit holder only. The trustee does not have any discretion to distribute income or capital among unit holders according to their marginal tax rate. Distributions must be allocated in accordance to units held in trust.
This gives certainty to all investors, and protects one unit holder from the other.
Testamentary Trust
Usually taxpayers are not aware of existence of these type of trusts, until they get to the stage of preparing or putting together their will.
A testamentary trust is established according to instructions in a will. So it does not exist until the person making those provisions passes away.
Rather than the deceased person’s assets going directly to beneficiaries, the assets are held in trust on behalf of those beneficiaries. Funds are then distributed according to the deceased’s rules and conditions.
A testamentary trust can protect the assets a beneficiary may receive in the event of bankruptcy, business lawsuit, or relationship breakdown. Unlike discretionary family trusts, minors receive the adult tax-free threshold of $18,200, which means you can tax-effectively distribute trust income and capital gains among children, increasing the net income distribution to the family.
Special Disability Trust
Special disability trusts can be established to help family members and caregivers provide for the future care and accommodation needs of disabled or vulnerable family members. They can also attract social security means test concessions for the beneficiary and those family members establishing the Special Disability Trust.
Bloodline Trust
Bloodline trusts are designed to keep money and assets in the family. Bloodline Trusts are also commonly known as Lineal Descendants Discretionary Trust
They are designed to protect the inheritance of your children and their descendants – children and grandchildren – from seizure following future divorces or separations, creditor claims, and bankruptcy claims.
They can also be used to shield future generations from unnecessary capital gains taxes and stamp duty issues.
Make sure you understand your options, and what it is you are trying to achieve, before you set up your trust structure.