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In law a trust is a relationship where property is held by one party for the benefit of another
party. A trust is created by the owner, also called a "settlor", "trustor" or "grantor" who
transfers property to a trustee. The trustee holds that property for the trust's beneficiaries.
Accounts in trust can hold different assets, including cash, stocks, bonds, mutual funds, real
estate, and other property and investments. Trustees can vary as well. They can be the person
opening the account, someone else they designate as a trustee, or a financial institution, such
as a bank or brokerage firm
A revocable trust is an agreement made by an individual during his or her lifetime, naming a trustee and
beneficiary. ... Irrevocable trustassets are protected from creditors in certain circumstances.
Furthermore, a revocable trust can become an irrevocable trustwhen the trustor or joint trustor dies.
A trust is a separate legal entity a person sets up to manage his assets. Trusts are set up
during a person's lifetime to assure that assets are used in a way in which the person
setting up the trust deems appropriate. Once assets are placed inside a trust, a third
party, known as a trustee, manages them. The trustee determines how the assets are
invested and to whom they are distributed when the owner of the trust dies, though a
trustee must manage the trust in accordance with the guidelines laid out when the trust
was formed. It is common for a wealthy person to use a trust as opposed to a will
for estate planning and for stipulating what happens to his wealth upon his death. Trusts
are also a way to reduce tax burdens and avoid assets going to probate.
Given the flexibility of revocable or living trusts in contrast with the rigidity of an
irrevocable trust, it seems all trusts should be revocable. The reason they are not is that
revocable trusts come with a few key disadvantages.
Because the owner retains such a level of control over a revocable trust, the assets he or
she put into it are not shielded from creditors the way they are in an irrevocable trust. If
he or she is sued, the trust assets can be ordered liquidated to satisfy any judgment put
forth. When the owner of a revocable trust dies, the assets held in trust are also subject
to both state and federal estate taxes.
Irrevocable Trust
The terms of an irrevocable trust, in contrast, are set in stone the minute the agreement
is signed. Except under exceedingly rare circumstances, no changes may be made to an
irrevocable trust.
The benefactor, having transferred assets into the trust, effectively removes all rights of
ownership to the assets and, for the most part, all control.
The main reason to select an irrevocable trust structure is taxes. Irrevocable trusts
remove the assets from the benefactor's taxable estate, meaning they are not subject to
estate tax upon death, and they also relieve the benefactor of tax responsibility for any
income generated by the assets. Irrevocable trusts can be difficult to set up and require
the help of a qualified attorney.
KEY TAKEAWAYS
Revocable, or living, trusts can be modified after they are created.
Irrevocable trusts cannot be modified after they are created, or at least they are
very difficult to modify.
Irrevocable trusts offer tax-shelter benefits that revocable trusts to do not.
By JULIA INGALL
Updated Aug 5, 2019
In Australia, trust funds are among the nation's most popular investment structures.
Although many folks mistakenly believe trust funds are strictly enjoyed by the super rich,
in reality, even moderately well-to-do individuals can use trusts to protect their personal,
family and business assets. But setting up a trust fund can be a complicated effort.
Therefore, it's vital to proceed with caution and purpose.
KEY TAKEAWAYS
In Australia, the trust fund is a key structure to make sure individuals safely pass
on their assets to their chosen beneficiaries.
A trust is a great tool for segregating a person's assets from his estate or portfolio,
effectively shielding those assets from creditors in bankruptcy proceedings or
plaintiffs in lawsuits.
The assets in a trust may contain stocks, bonds, cash, real estate, antiques, and
fine art.
Types of Trusts
Australia recognizes the following different types of trusts:
1. Family/Discretionary Trust
2. Unit/Fixed Trust
A Unit Trust (also known as a Fixed Trust) differs from a Family Trust in that the trustee
generally does not hold discretion over the distribution of assets to beneficiaries. These
structure divide the trust property into units, similar to shares of stock. Each beneficiary
(known as a "unit holder") owns a given number of those units, and at the end of each
year, he or she receives a distribution from the trust, based on the number of units held.
Ideal when multiple families are involved, Unit Trusts operate somewhat like a company.
3. Hybrid Trust
A Hybrid Trust bears characteristics of both Discretionary and Unit Trusts, whereby the
Trustee is empowered to distribute trust income and capital among nominated
beneficiaries--as with Discretionary Trusts. However the income and capital is
proportionally distributed--as with Unit Trusts, based on the number of units each
beneficiary holds. Hybrid Trusts are often the favored structures when there are
significant investment assets involved, due to their income tax and capital gains
tax benefits.
Establishing a Trust
Setting up a family trust is a straightforward process, that may be done online for a small
fee of about $150, plus the Stamp Duty--a state-based tax. Slightly more complicated
structures that require the active management of a corporate trusteecan start at around
$1,200.
In establishing trusts, settlors must take the following steps:
List all the holdings, along with their current value, to be placed in trust.
Compile a list of people or entities entitled to receive benefits. Include the percentage
breakdown of assets intended for each recipient.
A trust deed is a legal document prescribing the rules that govern your fund, and the
powers of the appointed trustee. It includes the fund’s objectives, specifies original trust
assets, identifies the beneficiaries, delineates how benefits are to be paid (either via
lump sum or an income stream), details how the trust may be terminated, and
establishes rules for operating the trust bank account. Trust deeds must be signed and
dated by all trustees, executed according to state or territory laws, and regularly
reviewed and updated as required. Deeds should be crafted by professionals with
specialized legal and financial knowledge of trusts.
Step 5: Stamping
Stamp Duty--a state-based, tax may be payable on the trust deed, depending on the
state or territory. Stamping can be arranged directly through the relevant revenue
authority or via a lawyer or accountant in your given state or territory.
As with other Australian business structures, you will need an ABN (Australian Business
Number), TFN (Tax File Number) and a business name for the trust. Depending on the
trust type and complexity, you may be required to register it as a company.
Once the bank account has been established, the trust becomes operational and can
accept contributions or make investments, subject to terms outlined in the trust deed.
I hope you are working with more than one client for your firm’s sake.
Well, to run a successful practice it is necessary to work with more than
one client but when it comes to trust accounting it creates confusion.
If a grantor realizes that beneficiary of the trust is not able to deal with the
treasuries independently. A simple example is that parents set up such
trust for their child which deposit money for the financial security of the
children until they reach a certain age limit. In the case of death of one or
both parent, the children will have access to their funds secured in the
trust account.
Some types of trust give you a tax advantage. For e.g. the trustee
relinquishes the right to the funds then he can avail a tax break. But one
must consult a tax professional before taking any such step as the
specification of the tax can get very complicated to the trust accounts. It is
also necessary to ensure that tax professional has an experience of
dealing with trusts accounts represented on tax filling.
Not any fund can be deposited to the client’s trust funds. It is very
important to ensure that deposit into the client trust funds is limited to
few selected funds. Funds associated with real estate, personal injury,
judgment and settlements, and unearned retainer can go to the client’s
trust. Funds that attorneys try to deposit in trust fund mistakenly include
earned income, personal capital and payroll funds.
Usually, a single trust account held by the firm keeps the funds from
multiple clients. To maintain all of these funds in a single account you
must know each client’s balance and should be able to create a client
transaction report which demonstrates all the activities associated with
client’s fund.
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