Cyprus Trust

Regular price $3,500.00 Sale price $2,197.00

Cyprus Trusts have many advantages:

Protection against high tax

In high tax jurisdictions it is possible to minimize tax on income/wealth by transferring property to a Cyprus International Trust. With a proper tax structure and the beneficial double taxation treaty network Cyprus has with many countries, tax benefits are significant.

Holding property that cannot personally be held

Under some laws a minor who is not of legal age may not be able to have property registered in his own name but the property can be held in a trust for the minor’s benefit.

Protection against profligate future generations

A trust is a useful tool which can protect the assets of a family for future generations to avoid profligate future generations from carelessly wasting the assets of the family.

Charities

A Cyprus international Trust can be set up to provide for a charity or other not for profit organization or simply to promote a worthy cause.

Protection of assets

Assets can be placed in a Cyprus International Trust to protect the assets and the interests of the beneficiary from law suits, negative economic conditions such as high inflation rates, weak currencies or unstable political factors which may lead to expropriation and claims by Government.

Transferring of personal assets

For tax or other reasons personal assets may be transferred to a Cyprus Trust.

Investing in business overseas

For an individual who wishes to invest overseas, a Cyprus Trust can be set up and the profits and dividends received from the overseas business may be not remitted to the country of his residence.

Anonymity

An individual who does not want to disclose ownership of a company for confidentiality and anonymity purposes, can do this by setting up a discretionary Cyprus trust to own the shares in the company

Estate planning

A trust is a useful tool which can be used for transferring assets to a beneficiary who would otherwise not be allowed any inheritance due to the laws of the country i.e laws which state that only surviving family members are entitled to the estate of the deceased and there is a limit on the amounts which can be given to non-family members.

It is important to note that all matters which relate to a Cyprus International Trust are determined in accordance with the laws of the Republic of Cyprus and the Cyprus Courts have jurisdiction.

FastCo provides you with specialized tailored solutions. Our team is comprised of professionals who are fully qualified in their field of expertise.

We are a trusted provider of corporate services including:

– Company registration

– Provision of fiduciary services

– Management and administration of companies

– Tax planning

– Accounting

– Opening of corporate bank accounts

 

 

A trust is a legally binding arrangement whereby a person (the Settlor) transfers assets to the trust which is run by another person (the Trustee) who takes legal title to the trust assets.  The Trustee holds the trust assets for the benefit of other persons (the Beneficiaries), or for a specific purpose.

International Trust

This is when a non – resident settlor sets up a trust for a non-resident beneficiary.

Trust Law defines an International Trust as a trust where:

–          The settlor is not a permanent resident in the Republic of Cyprus in the year preceding the formation of the trust

–          At least one of the trustees during the whole duration of the trust is a permanent resident in the Republic of Cyprus;

–          No beneficiary, other than a charitable institution, is a permanent resident of the Republic of Cyprus in the year preceding the formation of the trust; and

–          The trust property can now include any immovable property situated in the Republic of Cyprus

 

Validity of the trust

 

A trust is valid if the settlor is of full age and of sound mind regardless of any provisions relating to inheritance or succession of the laws of Cyprus or of any other country. The international trust cannot be set aside by the creditors of the settlor unless the creditors can show that the trust was set up with the intention of defrauding them. The creditors have the burden of proof.  The creditors have a time frame of two years from the date of transfer of assets to the trust to bring an action against the trustees to void the trust on grounds of fraud.

 

An international trust is exempt from the obligation of registration.

 

Confidentiality relating to International Trusts

 

Unless a court order is issued, the trustee, the protector, or any other person cannot disclose any documents or information, related to the trustees, the beneficiaries, or the Cyprus Trust.  For information to be disclosed a court order must first be obtained and the court order is necessary and material for the case.

Duration of International Trust

The amendment to the law allows a trust to carry on indefinitely and there is no longer the provision that the trust is for a period of one hundred years.

 

Taxation

Cyprus International Trusts benefit from important tax advantages, providing significant tax planning possibilities. Income and gains of an international trust derived from sources which are outside of Cyprus are exempt from all kinds of tax in Cyprus and no Cyprus estate duty is chargeable in respect of assets belonging to an international trust created in Cyprus.

 

ADVANTAGES OF CYPRUS TRUSTS

Protection against high tax

In high tax jurisdictions it is possible to minimize tax on income/wealth by transferring property to a Cyprus International Trust.  With a proper tax structure and the beneficial double taxation treaty network Cyprus has with many countries, tax benefits are significant.

Holding property that cannot personally be held

Under some laws a minor who is not of legal age may not be able to have property registered in his own name but the property can be held in a trust for the minor’s benefit.

Protection against profligate future generations

A trust is a useful tool which can protect the assets of a family for future generations to avoid profligate future generations from carelessly wasting the assets of the family.

Charities

A  Cyprus international Trust can be set up to provide for a charity or other not for profit organization or simply to promote a worthy cause.

Protection of assets

Assets can be placed in a Cyprus International Trust to protect the assets and the interests of the beneficiary from law suits, negative economic conditions such as high inflation rates, weak currencies or unstable political factors which may lead to expropriation and claims by Government.

Transferring of personal assets

For tax or other reasons personal assets may be transferred to a Cyprus Trust.

Investing in business overseas

For an individual who wishes to invest overseas a Cyprus Trust can be set up and the profits and dividends received from the overseas business may be not remitted to the country of his residence.

Anonymity

An individual who does not want to disclose ownership of a company for confidentiality and anonymity purposes, can do this by setting up a discretionary Cypriot trust to own the shares in the company

Estate planning

A trust is a useful tool which can be used for transfer assets to a beneficiary who would otherwise not be allowed any inheritance due to the laws of the country i.e laws which state that only surviving family members are entitled to the estate of the deceased and there is a limit on the amounts which can be given to non-family members.

It is important to note that all matters which relate to a Cyprus International Trust are determined in accordance with the laws of the Republic of Cyprus and the Cyprus Courts have jurisdiction.

 

 


1. What is a trust?

A trust is a three party fiduciary relationship whereby the first party (settlor or trustor) transfers a property to the second party (trustee) who holds it in trust for the benefit of the third party (beneficiary).

2. What is the purpose of setting up a trust?

Trusts are commonly used for tax planning purposes, privacy and asset protection. Moreover, there can be other advantages of creating a trust.

3. What are the different types of trusts?

There are several different types of trusts including Express Private Trusts, Resulting Trusts, Implied Trusts, Constructive Trusts , Charitable Trusts, Discretionary Trusts and Fixed Trusts.

4. What is the law related to trusts in Cyprus?

The Trustee Law of 1955 is the main statute law which governs trusts. Further, the International Trusts Law of 1992 governs international trusts.

5. What is an international trust?

An international trust is a trust whereby there is a minimum of one trustee that is resident in Cyprus at all times and neither the settlor nor any of the beneficiaries were residents in Cyprus for the tax year before the year the trust was created.

6. Is Cyprus or foreign law applicable to an international trust?

It depends on the terms of the trust. The trust could be governed by foreign law or Cypriot law provided that the laws of the foreign country where the trust was established allow that.

7. How long does it take to establish a trust and what are the costs involved?

A trust can be set up in just a few days. There is no stamp duty for setting up a Cyprus trust but there is stamp duty of 430 Euros for setting up an international trust. Fees for the creation and administration of the trust depend on the amount of work involved.

8. Are trusts registered?

The service providers (usually lawyers or accountants) who managed the procedure of setting up the trust must file the information of the trust to the relevant authority within 15 days from the date of creation of the trust. The competent authorities are the Cyprus Securities and Exchange Commission, the Cyprus Bar Association and the Institute of Certified Public Accountants of Cyprus.

9. What information do the relevant authorities hold in regards to trusts?

The name of the trust and the trustee, the dates of establishment and terminations of the trust and the dates of any changes of the relevant laws relating to the trust.

10. What are the tax responsibilities of the trustees?

Trustees have to make returns to the Inland Revenue and pay taxes on the income of the trust. Moreover, they have to provide information in regards to the beneficiaries and trust accounts.

11. How can trusts be used for asset protection?

Trusts can be a very effective vehicle for asset protection. A trust is not voidable unless it can be proved in Court that the trust was established with the purpose of defrauding creditors. Any such Court action must take place within two years from the date of the transfer of the assets in question to the trust.

The Charitable Uses Act 1601 which can be used to cancel trusts created to hide assets from future creditors is not applicable in Cyprus. Further, Cyprus is not a signatory to other agreements which require British courts and other commonwealth jurisdictions to cooperate in insolvency cases. Furthermore, any questions in regards to the validity of an international trust are governed by Cyprus law and not foreign law.v