Wealth & Tax Planning Private Foundation

Transcription

1 Wealth & Tax Planning Private Foundation

2 Parties to a Private Foundation Simplified structure Principal = Founder provides guidance Foundation Council Donates assets Administers foundation Protector (optional) / Guardian Private Foundation Distributions to Beneficiaries (could include Principal) Assets Can be held through an underlying company and managed by a bank or a designated party (e.g. the principal or the asset manager) Setting up a Private Foundation The process involves the following main steps: The client initiates the establishment of the foundation by signing all required documents The client gives guidance to issue by-laws which grant the rights and interests as set out by the client The foundation s assets may be held by the foundation directly or by an underlying company The client transfers specific assets to be included in the foundation

3 Wealth & Tax Planning Private Foundation What is a Private Foundation? A Private Foundation is a commonly used wealth planning instrument with a distinct legal personality. It is controlled and directed by the foundation council who acts according to the wishes of an individual or a family. It does not normally pursue any commercial activities, nor is it used for charitable purposes. The principal transfers specific assets to the Private Foundation, which are then endowed for specific purposes defined in the by-laws, e.g. for general maintenance, support, education and livelihood of various family members, specific individuals and/or a charity. The assets pass from the personal estate of the principal to the foundation. The Private Foundation has its own internal administration, the foundation council, for the conduct of its affairs. Although the legal concept of the Private Foundation derives from civil law, it is gaining acceptance in common-law jurisdictions. Traditionally, a Private Foundation may be established under Liechtenstein or Panama law (other jurisdictions such as Jersey or the Bahamas have introduced their own foundation law), which may have an underlying company domiciled in a classic financial centre such as Panama, the Bahamas, the British Virgin Islands or others. Owing to its nature, a Private Foundation may of course also be established without an underlying company. A Private Foundation offers several potential advantages. These include: Estate and succession planning whilst maintaining privacy: more specifically, flexibility in determining the amounts, percentages, timing, ages and conditions that apply to individual beneficiaries and which may be changed Facilitation of long-term legacy planning over generations Peace of mind by protecting the family wealth within a legally secure and private structure The avoidance of probate, which can be timeconsuming and costly Possibility of consolidating assets under one holding structure Ease of distribution of assets Client can retain a large measure of control: power to revoke the Private Foundation, power to manage the foundation funds; power to replace the foundation council In appropriate circumstances suitable for tax planning Please note: The use of such a structure depends on the legal form and the client specifics such as residence, nationality, etc. It is strongly recommended that legal/tax experts, e.g. from the country where the client is resident as well as from the country in which the investments shall be undertaken, are consulted to ensure proper handling of the overall situation.

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5 Private Foundation At a glance Facts Legal form Minimum investment Assets Change of assets Cash withdrawals Distributions to beneficiaries Contract termination Contract period Pledging of assets Private Foundation Foundation (various jurisdictions), with an underlying private investment company (if required) Minimum depending on the jurisdiction (e.g. CHF [Liechtenstein], USD [Panama]) Bankable assets and investments Non-bankable assets considered case by case Change of assets (addition) as well as purchase/sale of investments possible Possible with prior authorisation of the Foundation Council Payments can be made to beneficiaries upon request One-time lump sum payment Instalments (predefined amount or income distribution) Dissolution of the foundation is possible depending on the foundation terms Indefinite As a general rule, the foundation s assets may be pledged, depending on the foundation statutes Involved parties Principal Beneficiaries Function of the service provider Principal (= Founder): instructs the provider to establish a foundation according to the principal s wishes Beneficiaries are those individuals/legal entities with the right to receive a present or future benefit from the foundation, such as participation in the income or assets of the foundation. Usually the principal(s) is (are) appointed first beneficiary(ies). Foundation council: obliged to administer and manage the foundation under the terms and conditions of the foundation documents. Protector/Guardian (mandatory in Jersey): supports and monitors the foundation council in all important activities (e.g. payments from the foundation assets, changing the by-laws and/or beneficiary rights). Benefits Succession and tax planning Flexible asset management options Any individual or legal entity can be named as beneficiary Beneficiaries may be changed during the lifetime of the principal In the event of death, payment(s) can be made immediately or over a number of years and/or generations Benefit can be subject to conditions Can be tailored to requirements of complex succession planning and probate avoidance In appropriate circumstances suitable for tax planning The principal(s) or a third party may retain the authority to direct the foundation s investments

6 JULIUS BAER GROUP Head Office Bahnhofstrasse 36 P.O. Box 8010 Zurich Switzerland Telephone +41 (0) Fax +41 (0) The Julius Baer Group is present in over 40 locations worldwide. From Zurich (Head Office), Dubai, Frankfurt, Geneva, Guernsey, Hong Kong, London, Lugano, Milan, Monaco, Montevideo, Moscow, Nassau to Singapore. 11/2012 Publ. No. PU00006EN JULIUS BAER GROUP, 2012