What is a Trust? by Tony Melvin & Ed Chan

 

One of tools of investing or business is the use of trust structures. The main benefit of a trust structure is that it provides flexibility. Income can be distributed to the lower income earner, assets can be protected, and wealth can be passed onto the generation with minimal fuss and little or no tax.

 

Trusts however come in all shapes and sizes and there is no “one-size-fits-all”. The type of trust you use depends on many factors, such as; type of asset or business, financing, income type, marriage status, susceptibility to be sued – just to name a few. So be weary of anyone saying – such-and-such a trust will suit all situations because they are lying.

 

While it is not possible to cover every type of trust in this article we will explain what a trust is. This basic understanding is often missing and therefore trusts and their usage become unnecessarily ‘complex’.

 

A trust is basically an agreement or promise. A person or company agrees to hold assets for the benefit of another. The one who holds the assets is called the trustee; those who benefit are called beneficiaries. (See figure 1)

The trustee has legal control, which is legal title only. (A person with legal control can buy and sell an asset but will never own or enjoy the benefits of ownership, such as income or usage). It’s the trustee’s name that appears on all legal documents, bank accounts, etc.

 

The beneficiaries are not mentioned on such documents and have beneficial ownership (allowing a person to enjoy the benefits of ownership, including; usage, income, profits etc – even though legal title is in another name.) Therefore the beneficiaries are entitled to the assets and profits of the trust.

 

The basic function of a trust is to separate control and ownership. The result is that asset protection is possible and profits distributed in the most tax effect way.

 

The part you need to get your head around is that, when you establish a trust of your own, you have both legal control and beneficial ownership. Most people don’t separate the hats, they think they are one and the same but that are not.

 

For example, asset protection occurs because even though legal title is in the name of Joe Bloggs, Joe is trustee for a trust and therefore doesn’t own the asset – the assets are held in trust for the beneficial owners – hence nothing can be taken from Joe because he doesn’t own it.

 

Ownership plays a key factor in not just asset protection but with in the tax system too. This is why a Player will endeavour to own nothing and control everything!

 

There are many benefits to structures such as companies and trusts that a Player can use to his or her advantage.