While it might sound somewhat complicated, an offshore trust like those offered by wealth solutions firms such as Ora Partners or Fidelity Investments is simply an agreement that allows one party (settlor) to transfer their assets to a second party (trustee) to benefit a third party (beneficiaries). It is just like a regular trust, except it’s managed abroad.
The agreement that is set out is called a Deed of Trust, and it provides detailed instructions for how the assets will be distributed. In many cases, the individual who creates the trust can also make themselves a beneficiary.
Are offshore trusts taxable? The short answer is no. An offshore trust is not taxable. However, this does not mean that you will not have any reporting requirements or tax liabilities whatsoever. However, U.S. jurisdiction and laws do not apply to trusts managed offshore. As a U.S. citizen or resident, you could still benefit from the trust in some shape or form.
Because offshore trusts are considered a specialized area, it’s recommended that you consult an expert. It could be an attorney or financial advisor who has vast experience working with individuals who own offshore trusts. Regardless, you have to assume that you will have at least some reporting requirements and tax liabilities. It is especially true if you plan to hold a business or create income in its name.
How Are Offshore Trusts Taxed?
A growing number of families are opting to establish offshore trusts in order to benefit from the tax-free jurisdictions offered by certain countries. While it is true that setting up a trust outside the U.S. allows investors to delay payment of taxes on income generated from investments, it is important to note that the responsibility to pay U.S. taxes on any income or capital gains distributed to beneficiaries remains intact. Offshore trusts are still subject to strict compliance and disclosure regulations, so it is essential to work with a reputable professional to navigate the intricacies of this complex strategy.
While establishing an offshore trust offers certain benefits, it is crucial to understand the potential tax implications and work closely with a qualified adviser to determine whether it is the best choice for one’s unique financial situation.
A U.S. beneficiary will be taxed when they receive distributions from an offshore non-grantor trust. It is quite common for high-income families to establish offshore trusts to benefit their family members who are residents or U.S. citizens. These distributions are categorized as capital gains by the Internal Revenue Service (IRS) and are often taxed accordingly.
The tax liability is also increased through the IRS “throwback” rule. The “throwback” rule states that when a beneficiary earns a profit from an offshore trust, the income tax rate that applies will be from the year that the profit had been earned, not the year of its distribution. It increases the beneficiary’s tax liability because the highest marginal tax rate will apply.
It can also lead to an interest charge because there has been a delay in the reporting of the income. It is the tax system’s way of eliminating the benefit of delaying tax payments. The interest charge is not deductible and is compounded.