| Benefits
of a trust structure
There is no liability
to Spanish succession tax on assets in an
offshore
trust.
The assets within the trust are free from
Spanish wealth
tax
and Spanish
income
and gains
tax.
Where the settlor (person
who set up the trust)
dies in Spain as a non-UK
domicile,
there is no liability to UK
inheritance tax
on assets held in certain trusts.
The assets
within a trust pass to the heirs without
any probate.
The trust
enables various family situations to be
dealt
with fairly.
For example:
o Capital
can be left to provide for a second wife
(or husband)
with the benefit to pass to the children
of an earlier (or
later)
marriage. The trust avoids the problem of
leaving assets outright to the surviving
spouse (or
indeed children of an earlier marriage).
This way, both the surviving spouse and
the children
are protected.
o Where
a spouse,
or even a settlor, becomes incapacitated,
the trustees can co-ordinate
protection for them dealing with medical
and care needs, as well as full financial
support.
o Asset
protection:
assets in the trust are protected from any
beneficiary becoming bankrupt.
o Assets
in a trust
are usually protected from a beneficiary
suffering a divorce.
o Assets
in a trust
are protected from a beneficiary squandering
money.
Where
benefit is received from a trust by a
Spanish tax resident,
then tax will be payable in Spain.
Offshore trusts
have been used for many years as a way of
avoiding tax legally
and, for individuals,
are probably the single most effective tool
for this purpose. Offshore
trusts enjoy many valuable tax privileges,
and a close study of them can reveal many
ways of how they can be used to advantage.
This does not apply to just the very wealthy.
Trusts are complicated and professional
advice must be sought.
Source: BlevinsFranks
See also
Wills/Inheritance in Spain
Pensions
Residency
& Tax |