Creating Passive Income for the Next Generation with Tax Benefits

Mr. A is a businessman who makes SGD1 million per year. After selling one of his companies, he has SGD20 million in his bank account and a residential property. He recently has a new born baby and he is thinking of buying a new property. He consulted a financial advisor on the pros and cons of buying another investment house and setting up a trust to buy property for his baby.

Mr. A is currently paying the maximum income tax rate in Singapore. If he buys a property under his own name and rents it out, the rental income will be taxed at 22% as well.

The setup of a fixed or discretionary trust
This article assumes the parent sets up a fixed trust for the benefit of the child, hence the property income is taxed at the child’s income tax rate. If the trust structure is a discretionary one, then the rental income will be taxed at the trustee level, which is 17% currently.

If he set up a trust for his baby and buys the property in trust, then he will not need to pay for the Additional Buyer’s Stamp Duty(ABSD) and rentals earned from the property will be taxed based on the baby’s income tax rate.

Practically, the trustee pays the tax on behalf of the baby and based on the baby’s personal income tax rate. If the rental is $10,000 a month, the baby’s annual income would be$120,000. Netting off the expenses, the taxon the rentals would be much lower as compared to if it were under Mr. A’s name.

In addition, this arrangement helps in asset protection because if Mr. A’s business fails in the future, his creditors will not be able to come after the property which belong to the baby. Hence, from tax planning angle and asset protection angle, it would be more beneficial if Mr. A buys the property in trust.

The asset ownership angle
However, he needs to be mindful that with such an arrangement, the property will no longer belong to him and his baby is the beneficial owner of the property. When he acts as the trustee and rents out the property, the rental income belongs to the baby. When he sells the property later on, the proceeds also belong to the baby and not him. From the asset ownership angle, he needs to decide if it is more secure to own the property under his own name. Would it be worthwhile to save on tax and lose the whole property to the child?

Section 33A of the Stamp Duties Act
Which also brings up a key issue. If the objective is essentially to save on the ABSD, which can be a hefty amount, this situation is akin to avoiding taxes, under the scaffold of a trust in the child’s name. This may come under the investigative scope and radars of the tax authority and if there is reason to believe this was the intent from the outset, Section 33A of the Stamp Duties Act empowers the authority to disregard certain transactions and dispositions to charge the relevant stamp duties to the parties involved.

Therefore, if the real objective is for investment purpose, intended to benefit Mr. A and not the child, it is essential for him to avoid what may seem to be an effective tax strategy, in view of the potentially detrimental effects faced further down the road.

A trust that holds a fund/s
That said, where the purpose is to benefit the child, a way forward then, is to create a trust that holds a fund, with a view to buy a property for the child at some point of time. In this instance, it will enable parents to put to motion the first steps towards addressing the provision of some financial security. It would also give them the flexibility to determine, besides the time, the circumstance of a purchase or whether this is the best course of action, as their children grow into their early adult years.

It can never be sufficiently expressed that parents find great joy, purpose and fulfilment of providing the very best for their children. It is imperative, therefore, that a thoughtful and deliberative approach is taken in relation to the provision of real estate, so that the eventual outcome of that decision, would help fulfil the aspirational goals of parents as well as sustainably be in the benefit and best interest of their children.

Important: The information and opinions in this article are for general information purposes only. They should not be relied on as professional financial advice. Readers should seek independent financial advice that is customised to their specific financial objectives, situations & needs. This advertisement or publication has not been reviewed by the Monetary Authority of Singapore.

Published By:

Sissi Goh Yan Xi

I am Sissi Goh, the legacy planner in Singapore, and the award-winning author of the book ‘Wealth Management Isn’t Just for The Rich’. I advise clients across the whole spectrum of wealth management and I specialise in family inheritance and succession planning.

I have experience in private wealth and hedge fund consulting. I am a Chartered Financial Consultant (ChFC), Chartered Life Underwriter (CLU), Registered Trust and Estate Practitioner (TEP), Certified Legacy Planning Associate (CLPA), Certified High Net Worth Advisor and Certified Family Office Advisor. I am a full member of Society of Trust and Estate Practitioners (STEP) and the youngest founding member of Asia Estate Planning Association (AEPA).

I graduated with a Master of Public Administration in International Finance Policy and Management, from Columbia University, in the City of New York. My philosophy is that an individual’s real wealth encompasses both financial and psychological aspects and that everyone can enrich their lives by adopting some of the principles of the wealthy.

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  • 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。
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  • 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