Benefits of Using a Trust to Own Shares in a Company – LegalVision

There are many advantages to owning shares in a company through a trust, including tax planning and asset protection benefits.

Watch this video to learn about what a trust is and why you should consider having one if you run a business.

VIDEO TRANSCRIPT:

This is Amal.
She’s launching her new business, a food delivery service using drones.
She’s structuring her business as a company where she will own some of the shares.
But before she can go any further, she needs to think about how she’s going to own the shares in her company.

How she owns her shares is important because it will affect how much tax she needs to pay and whether she can protect her shares if something goes wrong.
Amal could own her shares in two ways.
She can own them as an individual, or she can own them through a discretionary trust.
We’re going to look at why and how Amal might own her shares through a trust.

But first, what is a trust?
A trust is a legal relationship where one person or organisation, called the trustee, holds assets for the benefit of someone else.
These assets might be property, income, or, in this case, shares. the trustee will own them. This means that if you have a business partner, they can have their own trust to hold their shares.

Owning your shares through a trust makes sense for a couple of reasons.
Firstly, the trust can help you manage how much tax you need to pay as an individual.
When Amal’s company makes a profit, she can then choose to give shareholders some of the profit, known as dividends.

If Amal personally owns her shares, she will also receive these dividends as a shareholder, and they will be considered part of her personal income.
It would be added onto any other income that she is earning such as her salary.
As a result, she will be taxed at her individual marginal tax rate, which will likely be higher.

But if Amal owns the shares in her company through a trust, the dividends will be paid through the trust. the money from the trust to herself or other people, such as her family.

The trust doesn’t pay tax; instead, Amal will pay tax only on the amount of money that’s distributed to her through the trust.
In this case, as a trustee, Amal gives some of the money coming through the trust to her partner, Maya, which helps with their tax planning.

Secondly, a trust can also help protect your shares if something goes wrong.
For example, Amal is a director of her company.
She enters into a contract to supply her business with drones.
But when the delivery arrives, she realizes that she doesn’t have enough money to pay the bill.

Operating your business when it can’t pay its debts is a breach of directors’ duties.
If you reach your directors’ duties, you may be personally responsible for paying off your company’s debts.
This means that the supplier can sue Amal and take her personal assets, such as her car, to pay off the company’s debts.

The supplier cannot take Amal’s shares as the trust protects them.
So, a trust may be a great way for Amal to own her shares in her company, but how does a trust actually work?

Firstly, there is a trustee.
The trustee is the person who manages the trust and distributes the funds.
It’s a good idea to create a corporate trustee, which is a company that acts as the trustee.

Legally, the company is in control of the trust, but in reality, you are the person making decisions going to the bank and signing documents as director of the trustee company.

Secondly, there are beneficiaries in a trust. The beneficiaries are the people that can receive money or assets from the trust.
The beneficiaries will likely be you and your family members, or anyone else you choose to give money to.

Setting up a trust is a complex process, but it can be an effective financial strategy to consider as a business owner.

 

Published By:

Sofan Tan

After beginning my career as a Financial Planner 15 years ago, I understood the importance of holistic financial planning. Holistic financial planning is a comprehensive goal-driven, top-down approach that takes into account an individual’s complete financial picture, including their values, goals, risks, and experiences with money. A top-down approach employs the 5 pillars of wealth planning. Rather than focusing on planning for individual life stages or using a product-based approach, holistic financial planners take every aspect of client’s financial life and financial risk into account. The key factors of holistic financial planning include:

  • Constructing a client-centric financial profile and financial road map.
  • Conducting a risk management analysis for all financial assets.
  • Creating a deeper relationship with clients with collaborative planning.

 

I strive to advise clients to embrace the collaborative effort essential to holistic financial planning.

CONTACT US

Contact Me

What type of services are you looking for? 请问您需要咨询哪些方面的服务?(Please select all that applies)

ACKNOWLEDGEMENT

By submitting this form, I confirm that

提交此表格,即表示

  • I have read and understood FAPL’s Personal Data Policy, and hereby give my acknowledgement and consent to FAPL to use my personal data in accordance with FAPL’s Personal Data Policy.
  • 我已阅读并理解鑫盟理财私人有限公司的个人数据保护政策,并同意鑫盟理财私人有限公司根据个人数据保护政策所阐述的用途使用我的个人资料。
  • I have read and understood the disclaimers above and hereby affirm my acceptance of these terms.
  • 我已阅读并理解了上述免责声明,特此声明接受这些条款。
  • I have not been directly contacted or approached by any representative or employee of FAPL with an offer or solicitation to apply for any financial products not offered in my home country.
  • 鑫盟理财私人有限公司的代表或员工并未直接与我联系或提出要约或招揽购买我原居住国境内所不提供的任何金融产品.
  • Financial Alliance Pte Ltd ( “FAPL”) is licensed by the Monetary Authority of Singapore (“MAS”) and allowed to conduct financial advisory activities in accordance with the Financial Advisers Act (Cap. 110) (“FAA”) and the Securities & Futures Act (Cap. 289) (“SFA”) within the jurisdiction of the Republic of Singapore and in accordance with the licenses granted by MAS
  • 鑫盟理财私人有限公司( “鑫盟理财”)持有由新加坡金融管理局(“MAS”)所颁发的牌照,并许可在新加坡共和国境内依据财务顾问法(第110章)和证券与期货交易法(第289章)进行财务咨询等相关业务
  • Any services provided by FAPL to persons not ordinarily resident in Singapore are provided solely on an offshore basis from Singapore, resulting from direct enquiry on the part of the foreign residents.
  • 鑫盟理财为非新加坡居民所提供的任何服务仅限于直接向鑫盟理财发出咨询请求的国外居民。
  • As an integral part of the provision of such services, FAPL may from time to time make available to such residents, documents and information making reference to capital markets products (for example, in connection with the provision of fund management or investment advisory services outside of the foreign jurisdiction).
  • 作为提供此类服务的一部分,鑫盟理财会不时向此类咨询者提供有关产品的参考文件和信息(例如,关于海外司法管辖区以外的资金管理或投资咨询服务等信息)。
  • Such documents and information are provided by Financial Alliance Pte Ltd (“FAPL”) is for general information only and is not intended for anyone other than the recipient.
  • 此类由鑫盟理财所提供的文件和信息仅供收件人做一般信息参考。
  • It does not take into account the specific investment objectives, financial situation or particular needs of any particular person.
  • 此类文件和信息不会把-个人投资目标,财务状况或其特定需求等考虑在内。
  • It does not constitute the making available of, or an offer or solicitation by FAPL to buy or sell or subscribe for any such capital markets product or to enter into a transaction or to participate in any particular trading or investment strategy nor an advice or a recommendation with respect to such financial products.
  • 鑫盟理财向该人士提供此类文件和信息将不构成要约或招揽购买或出售或认购任何此类资本市场产品,或达成交易或参与任何特定的投资策略,也不构成有关此类金融产品的建议或推荐。
  • These documents may not be published, circulated, reproduced or distributed in whole or in part to any other person without FAPL’s prior written consent.
  • 未经鑫盟理财的事先书面同意,不得将这些文件全文或部分发布,传播,复制或分发给其他人。
  • This document is not intended for distribution to, publication or use by any person in any jurisdiction, where such distribution, publication or use would be contrary to applicable law or would subject FAPL and its related corporations, connected persons, associated persons and/or affiliates to any registration, licensing or other requirements within such jurisdiction.
  • 鑫盟理财无意在分发,出版或使用此类文件可能违反当地法律,或本公司及关联公司或关联人士需要注册,获得许可或符合规定的司法权区向当地人士分发、出版此类文件或供其使用。
  • You shall ensure that you have and will continue to be fully compliant with all applicable laws in your home country when entering into discussion or contracts with FAPL.
  • 在与鑫盟理财进行讨论或签订合约时,您应确保您已完全遵守并将继续遵守您所在原居住国的所有适用法律及条规。

In compliance with the Personal Data Protection Act, Financial Alliance Pte Ltd (“FAPL”) seek your consent to collect and use your personal data (e.g. name, NRIC, contact numbers, mailing addresses, email addresses and photograph) for the purposes of and in accordance with FAPL’s Data Protection Policy, which can be found on FAPL’s website at https://fa.com.sg/data-protection-policy/.

根据《个人数据保护法》,鑫盟理财私人有限公司征求您的同意向您收集并使用您的个人信息。鑫盟理财将根据公司的个人数据保护政策所阐述的用途使用您的个人资料(例如姓名,证件号码,联系电话,邮寄地址,电邮地址和照片)。 该政策可在本公司网站上查寻,网址为 https://fa.com.sg/data-protection-policy/.

By submitting this form, you are deemed to have read and understood FAPL’s Personal Data Policy.

提交此表格,即表示您已阅读并理解鑫盟理财私人有限公司的个人数据政策

Scan for Contact Details

Join our newsletter

Subscribe to our newsletter to receive updates on our latest content!

By providing the info below, I confirm that I am the user and/or subscriber of the telephone number(s) and email address provided by me and I consent to receive from Financial Alliance and/or its financial adviser representatives, any marketing, advertising and promotional information organise by Financial Alliance via voice calls, SMS/MMS (text messages) or faxes to my telephone number(s) provided below. I understand I may withdraw any consent I have given at any time by writing in to Financial Alliance Pte Ltd.

Scan for WeChat QR

Retirement Planning

Will I be able to retire comfortably?

Contact Me

What type of services are you looking for? 请问您需要咨询哪些方面的服务?(Please select all that applies)

ACKNOWLEDGEMENT

By submitting this form, I confirm that

提交此表格,即表示

  • I have read and understood FAPL’s Personal Data Policy, and hereby give my acknowledgement and consent to FAPL to use my personal data in accordance with FAPL’s Personal Data Policy.
  • 我已阅读并理解鑫盟理财私人有限公司的个人数据保护政策,并同意鑫盟理财私人有限公司根据个人数据保护政策所阐述的用途使用我的个人资料。
  • I have read and understood the disclaimers above and hereby affirm my acceptance of these terms.
  • 我已阅读并理解了上述免责声明,特此声明接受这些条款。
  • I have not been directly contacted or approached by any representative or employee of FAPL with an offer or solicitation to apply for any financial products not offered in my home country.
  • 鑫盟理财私人有限公司的代表或员工并未直接与我联系或提出要约或招揽购买我原居住国境内所不提供的任何金融产品.
  • Financial Alliance Pte Ltd ( “FAPL”) is licensed by the Monetary Authority of Singapore (“MAS”) and allowed to conduct financial advisory activities in accordance with the Financial Advisers Act (Cap. 110) (“FAA”) and the Securities & Futures Act (Cap. 289) (“SFA”) within the jurisdiction of the Republic of Singapore and in accordance with the licenses granted by MAS
  • 鑫盟理财私人有限公司( “鑫盟理财”)持有由新加坡金融管理局(“MAS”)所颁发的牌照,并许可在新加坡共和国境内依据财务顾问法(第110章)和证券与期货交易法(第289章)进行财务咨询等相关业务
  • Any services provided by FAPL to persons not ordinarily resident in Singapore are provided solely on an offshore basis from Singapore, resulting from direct enquiry on the part of the foreign residents.
  • 鑫盟理财为非新加坡居民所提供的任何服务仅限于直接向鑫盟理财发出咨询请求的国外居民。
  • As an integral part of the provision of such services, FAPL may from time to time make available to such residents, documents and information making reference to capital markets products (for example, in connection with the provision of fund management or investment advisory services outside of the foreign jurisdiction).
  • 作为提供此类服务的一部分,鑫盟理财会不时向此类咨询者提供有关产品的参考文件和信息(例如,关于海外司法管辖区以外的资金管理或投资咨询服务等信息)。
  • Such documents and information are provided by Financial Alliance Pte Ltd (“FAPL”) is for general information only and is not intended for anyone other than the recipient.
  • 此类由鑫盟理财所提供的文件和信息仅供收件人做一般信息参考。
  • It does not take into account the specific investment objectives, financial situation or particular needs of any particular person.
  • 此类文件和信息不会把-个人投资目标,财务状况或其特定需求等考虑在内。
  • It does not constitute the making available of, or an offer or solicitation by FAPL to buy or sell or subscribe for any such capital markets product or to enter into a transaction or to participate in any particular trading or investment strategy nor an advice or a recommendation with respect to such financial products.
  • 鑫盟理财向该人士提供此类文件和信息将不构成要约或招揽购买或出售或认购任何此类资本市场产品,或达成交易或参与任何特定的投资策略,也不构成有关此类金融产品的建议或推荐。
  • These documents may not be published, circulated, reproduced or distributed in whole or in part to any other person without FAPL’s prior written consent.
  • 未经鑫盟理财的事先书面同意,不得将这些文件全文或部分发布,传播,复制或分发给其他人。
  • This document is not intended for distribution to, publication or use by any person in any jurisdiction, where such distribution, publication or use would be contrary to applicable law or would subject FAPL and its related corporations, connected persons, associated persons and/or affiliates to any registration, licensing or other requirements within such jurisdiction.
  • 鑫盟理财无意在分发,出版或使用此类文件可能违反当地法律,或本公司及关联公司或关联人士需要注册,获得许可或符合规定的司法权区向当地人士分发、出版此类文件或供其使用。
  • You shall ensure that you have and will continue to be fully compliant with all applicable laws in your home country when entering into discussion or contracts with FAPL.
  • 在与鑫盟理财进行讨论或签订合约时,您应确保您已完全遵守并将继续遵守您所在原居住国的所有适用法律及条规。

In compliance with the Personal Data Protection Act, Financial Alliance Pte Ltd (“FAPL”) seek your consent to collect and use your personal data (e.g. name, NRIC, contact numbers, mailing addresses, email addresses and photograph) for the purposes of and in accordance with FAPL’s Data Protection Policy, which can be found on FAPL’s website at https://fa.com.sg/data-protection-policy/.

根据《个人数据保护法》,鑫盟理财私人有限公司征求您的同意向您收集并使用您的个人信息。鑫盟理财将根据公司的个人数据保护政策所阐述的用途使用您的个人资料(例如姓名,证件号码,联系电话,邮寄地址,电邮地址和照片)。 该政策可在本公司网站上查寻,网址为 https://fa.com.sg/data-protection-policy/.

By submitting this form, you are deemed to have read and understood FAPL’s Personal Data Policy.

提交此表格,即表示您已阅读并理解鑫盟理财私人有限公司的个人数据政策