South Dakota Trusts
It all starts with the best licensing in the U.S. and arguably the world. South Dakota has earned a reputation as the leading place to form a new trust or to move an existing trust. Trust in South Dakota is serious business, with the Governor’s Task Force on Trust, which supports industry-leading trust laws that are underpinned by a reliable judiciary. Government is aligned in supporting the responsible growth of the trust industry in South Dakota. In addition to innovative and flexible trust laws, South Dakota enjoys one of the lowest tax burdens in the world. From fiscally sound state government and a pro-business legislature to business-friendly regulations, South Dakota is consistently ranked THE most favorable or among the most favorable trust jurisdictions.
Well-Known Advantages of South Dakota Trust Situs
South Dakota Does Not Impose State Income Taxes on Trusts
Because South Dakota has no state income tax, trust assets are able to grow free from state income taxation. In addition, with respect to an existing trust, the change of situs of that trust to South Dakota may eliminate future state income taxes for the trust depending on the applicable state law of the prior situs.
South Dakota Permits Perpetual Trusts and Was One of the First States to Do So
South Dakota law permits “dynasty trusts” that can endure forever, providing beneficial estate, gift and generation-skipping transfer tax planning opportunities and enhancing the benefits of the lack of state income taxation.
South Dakota is Known for Its Creditor Protection Laws and Authorizes the Use of Domestic Asset Protection Trusts (DAPT)
South Dakota is one of a small number of states that permit self-settled domestic asset protection trusts, and its DAPT statute is considered among the best. South Dakota has many other asset protection statutes that have helped make it one of the top asset protection jurisdictions in the United States.
South Dakota Permits the Use of “Directed Trusts”
Directed trusts allow for a person or entity other than the trustee to be responsible for trust-related decisions like investment management and discretionary distributions. South Dakota is consistently recognized for having a top-rated directed trust statute. A directed trust provides the opportunity for an entity, committee or advisor to assume responsibility for investment or distributions of the trust. Directed trusts provide additional control and flexibility in the management of the trust and present opportunities to minimize administrative fees.
South Dakota Law Provides Flexibility for Trust Modifications
South Dakota has advantageous trust decanting, reformation and modification statutes and also recognizes the use of trust protectors, which allow for flexibility in estate and tax planning.
For Trusts That Own or May Own Insurance, South Dakota Is Among the Best Jurisdictions in the United States
South Dakota has one of the lowest insurance premium taxes in the country for insurance policies in trust. As a result, South Dakota presents opportunities for domestic insurance planning without the compliance hassles that can accompany offshore accounts. Furthermore, South Dakota has a number of favorable insurance statutes that make it ideal for trusts that hold insurance policies.
South Dakota Trust Laws Emphasize Privacy
South Dakota trust laws allow for the creation of “quiet trusts” that give the grantor the ability to restrict and even conceal the existence and funding information regarding a trust from the trust beneficiaries.
To learn more about how individuals have benefited from South Dakota Trusts Situs: