You have no items in your shopping cart.

New Arrival The Global Guide to Trusts, 2nd Edition

The Global Guide to Trusts, 2nd Edition A Systematic Analysis of the Legal Regime and Tax Treatment of Trusts in 28 Jurisdictions

  • Author:
  • Publisher: Academy & Finance
  • ISBN: 9782970143208
  • Published In: December 2020
  • Format: Hardback , 496 pages
  • Jurisdiction: Argentina, Australia, Austria, Belgium, Brazil, Canada, China, Cyprus, France, Germany, Hong Kong, India, Indonesia, International, Israel, Italy, Liechtenstein, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Portugal, Russia, South Africa, Spain, Switzerland, U.K., U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,220.00

HKD 1,175.00 Save HKD 45.00 (4%)

Delivery Time: around 1 week
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
OR
  • Description 
  • Contents 
  • Author 
  • Details

    The Global Guide to Trusts represents the work of a team of leading outstanding tax practitioners active in 28 jurisdictions under the editorship of an internationally recognized trust expert. The Global Guide to Trusts facilitates the understanding of international tax issues and provides specific guidance in such facets of international taxation of trusts as the following:

    • Tax treatment of the creation of a trust
    • Tax treatment of income and capital gains
    • Tax treatment of distribution from a trust to its beneficiaries
    • Tax implications of settlor’s death
    • Tax implications of the termination of a trust
    • Reporting obligations

     

    The second edition 2020 covers 7 new jurisdictions (Austria, China, Cyprus, Liechtenstein, Luxembourg, Malta, South Africa) and expands on new developments:

    • Sham trusts
    • Applicability of tax treaties to trusts
    • Applicability to trusts of anti-avoidance tax rules
    • Trustees regulation
    • Registers of trusts

     

    28 Jurisdictions includes:

    Argentina, Austria, Australia, Belgium, Brazil, Canada, China, Cyprus, France, Germany, Hong Kong, India, Indonesia, Israel, Italy, Liechtenstein, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Portugal, Russia, Spain, South Africa, Switzerland, U.K., U.S.



  • For each jurisdiction, the author answers the same set of 27 questions.

    Legal considerations
    1. What is the legal system based on in your jurisdiction?
    2. Is the concept of trust part of your domestic law?
    3. Has your country ratified the Convention on the Law Applicable Trusts and on their Recognition?
    4. When the answer to the above two questions is negative, is a trust created under foreign law recognised as such? Alternatively, is the trust (or trustee) analogised to any specific type of domestic person or comparable entity?
    5. Are there “similar” or comparable legal structures which can be used in your jurisdiction instead of a trust for estate planning purposes?
    6. What legal constraints should be taken into consideration when transferring assets into a trust?
    7. Can a trust acquire property in its own name and be registered as such when registration is required? If not, can this be achieved indirectly?
    8. Under what circumstances, might a trust be set aside in your country on grounds of sham or for any other reasons?

    Tax considerations
    9. What are the main taxes which are relevant in respect of trusts?
    10. Has your jurisdiction developed specific tax rules to deal with trusts?
    11. Are domestic and foreign trusts treated differently in relation to tax?
    12. When is a trust considered to be resident for tax purposes in your jurisdiction?
    13. Are the tax treaties concluded by your country applicable to trusts?
    14. Are there any specific anti-avoidance tax rules applicable to trusts? Are there circumstances under which trusts are at risk under GAAR or anti abuse of law measures?

    Tax treatment of the creation of a trust
    15. What are the tax consequences of the creation of a trust?
    16. Are any transfer and/or capital gains tax due upon lifetime or testamentary transfers of assets to trusts?
    17. Is the treatment different depending on whether the transfer is made to a revocable or irrevocable trust? To a life interest or to a discretionary trust?

    Tax treatment of income and capital gains
    18. Is a trust a taxable entity?
    19. If not, who is subject to income/capital gains taxes in respect of the trust’s income and gains?

    Tax treatment of distribution from a trust to its beneficiaries
    20. What taxes apply to distributions of trust income to resident/non-resident beneficiaries?
    21. What taxes apply to distributions of capital gains from a trust?
    22. What taxes apply to distributions of capital from a trust?

    Tax implications of settlor’s death
    23. What are the tax implications for the trust, trustee, settlor’s estate and/or beneficiaries of the settlor’s death?

    Tax implications of the termination of a trust
    24. What are the tax implications for the trust trustee, settlor and/or beneficiary on termination of a trust?

    Reporting obligations
    25. Are the trust, trustees, settlors and/or beneficiaries subject to reporting obligations in relation to the trust?

    Trustees regulation
    26. Are trustees regulated in your country? What are the main regulatory requirements?

    Registers of trusts
    27. Is there in your country a register of trusts and/ or of beneficiaries of trusts? Which trusts should be registered? What information should be provided? Who can access the information? What are the consequences of failure to comply?

    1. ARGENTINA Ezequiel Lipovetzky, Pablo Martin Muir & Maximiliano Yudica Bartels, Bruchou
    2. AUSTRIA Niklas Schmidt & Eva Stadler, Wolf Theiss
    3. AUSTRALIA Allan Blaikie & Mathew Fenwick, Clayton Utz
    4. BELGIUM Jacques Malherbe, Simont Braun & François Malherbe, van den Berg & Partners
    5. BRAZIL Fernando Retzler Martins, SV Law
    6. CANADA Wendi P. Crowe & Rahul Sharma, Miller Thomson
    7. CHINA Hao Wang, Ray Yin & Partners P.R.C. Lawyers
    8. CYPRUS Elias Neocleous, Elias Neocleous & Co
    9. FRANCE Jean-Marc Tirard, Tirard Naudin
    10. GERMANY Christian von Oertzen, Flick Gocke Schaumburg
    11. HONG KONG William Ahern, Ahern Lawyers
    12. INDIA Shabnam Shaikh & Bijal Ajinkya, Khaitan & Co
    13. INDONESIA Freddy Karyadi, ABNR Law
    14. ISRAEL Shaul Grossman, Meitar Law Offices
    15. ITALY Nicola Saccardo, Maisto e Associati
    16. LIECHTENSTEIN Johannes Gasser, Gasser Partner
    17. LUXEMBOURG Eric Fort & Marianne Rau, Arendt & Medernach
    18. MALTA Anthony Cremona, Ganado Advocates
    19. MEXICO L. G. Del Valle Torres, Jáuregui y Del Valle
    20. NETHERLANDS T. Clement, Norbruis Clement Advocaten
    21. NEW ZEALAND John W. Hart, John W. Hart Ltd
    22. PORTUGAL Jorge de Abreu & Cidália Conceição, Abreu & Marques e Associados
    23. RUSSIA Dmitry A. Pentsov, Froriep Legal
    24. SOUTH AFRICA Michael Honiball, Werksmans Attorneys
    25. SPAIN Florentino Carreño, Cuatrecasas
    26. SWITZERLAND Xavier Oberson, Oberson Abels
    27. UK Clare Maurice, Maurice Turnor Gardner
    28. USA Ellen Harrison, McDermott Will & Emery

     

    Since 2000, Academy & Finance, a Swiss company with offices in Geneva and Hong Kong, is specialized in the organisation of conferences on tax and estate planning issues. Academy & Finance published “Les trusts anglo saxons et les pays de droit civil” by Jean-Paul Beraudo and Jean-Marc Tirard (2006) and the first edition of the Global Guide to Trusts, edited by Jean-Marc Tirard (2017).

You may also be interested in these books:

Hong Kong Company Secretary's Practice Manual, 4th Edition
Hong Kong Company Secretary's Practice Manual, 4th Edition

List Price: HKD 999.00

HKD 969.03 Save HKD 29.97 (3%)

KPMG's Insights into IFRS 2020/2021
KPMG's Insights into IFRS 2020/2021

List Price: HKD 1,920.00

HKD 1,728.00 Save HKD 192.00 (10%)

PwC Manual of Accounting IFRS 2020 Set
PwC Manual of Accounting IFRS 2020 Set

List Price: HKD 2,058.40

HKD 1,996.65 Save HKD 61.75 (3%)

Ernst & Young's International GAAP 2020
Ernst & Young's International GAAP 2020

List Price: HKD 2,050.00

HKD 1,988.50 Save HKD 61.50 (3%)

Accounting Desk Book (2021)
Accounting Desk Book (2021)

List Price: HKD 3,520.00

HKD 3,168.00 Save HKD 352.00 (10%)

Financial Instruments: A Comprehensive Guide to Accounting & Reporting (2021)
Financial Instruments: A Comprehensive Guide to Accounting & Reporting (2021)

List Price: HKD 5,620.00

HKD 5,058.00 Save HKD 562.00 (10%)

Forensic and Investigative Accounting (9th Edition)
Forensic and Investigative Accounting (9th Edition)

List Price: HKD 2,230.00

HKD 2,007.00 Save HKD 223.00 (10%)

A Practical Guide to Financial Reporting Standards, 7th Edition
A Practical Guide to Financial Reporting Standards, 7th Edition

List Price: HKD 1,510.00

HKD 1,464.70 Save HKD 45.30 (3%)

China Master GAAP Guide (11th Edition)
China Master GAAP Guide (11th Edition)

List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)

Hong Kong Master GAAP Guide (15th Edition)
Hong Kong Master GAAP Guide (15th Edition)

List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)

Compliance and Company Secretarial Practice of Hong Kong Listed Companies
Compliance and Company Secretarial Practice of Hong Kong Listed Companies

List Price: HKD 1,270.00

HKD 1,231.90 Save HKD 38.10 (3%)

Individual Income Tax Planning for Expatriates in China, 6th Edition
Individual Income Tax Planning for Expatriates in China, 6th Edition

List Price: HKD 1,280.00

HKD 1,241.60 Save HKD 38.40 (3%)

Hong Kong Company Secretary Checklist
Hong Kong Company Secretary Checklist

List Price: HKD 788.00

HKD 764.36 Save HKD 23.64 (3%)

China Master Tax Guide 2016/17 (13th Edition)
China Master Tax Guide 2016/17 (13th Edition)

List Price: HKD 980.00

HKD 950.60 Save HKD 29.40 (3%)

A Practical Guide to Tax Audit and Investigation in Hong Kong
A Practical Guide to Tax Audit and Investigation in Hong Kong

List Price: HKD 750.00

HKD 375.00 Save HKD 375.00 (50%)

The Hong Kong Company Secretary's Handbook: Practice and Procedure (10th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (10th Edition)

List Price: HKD 467.00

HKD 452.99 Save HKD 14.01 (3%)

Financial Reporting in Hong Kong 2015/16 (SME Edition)
Financial Reporting in Hong Kong 2015/16 (SME Edition)

List Price: HKD 1,250.00

HKD 1,212.50 Save HKD 37.50 (3%)

International Taxation: Law and Practice in Hong Kong and China
International Taxation: Law and Practice in Hong Kong and China

List Price: HKD 980.00

HKD 950.60 Save HKD 29.40 (3%)

Concise Guide: Compliance and Company Secretarial Practice of Hong Kong Private Companies
Concise Guide: Compliance and Company Secretarial Practice of Hong Kong Private Companies

List Price: HKD 2,388.00

HKD 2,316.36 Save HKD 71.64 (3%)