Labuan Trust Company
An asset owner set-up a Trust as a way to look after his/her assets. The owner, which in a Trust relationship is known as a Settlor, sets up a legal arrangement with one (or more) Trustee. The Trustee is made legally responsible, to hold and manage the assets for the Trust’s Beneficiaries, as according to the Trust Deed
Common purpose of Labuan Trust
Trusts are set up to safeguard and manage assets, such as money, properties and investments, as stated in the Trust Deed (by Settlor) to:
- Manage and protect family assets
- when child or successor is too young to manage the assets
- when someone is unable to manage due to incapacitation
- Transfer of wealth or succession planning
- to pass on the assets while alive or after death (according to terms and conditions as stated in the will
To know more about Labuan Trust companies, click on any of the links below
Advantages of setting up a Trust company in Labuan
Here are some benefits and advantages that you should know about setting up a Trust in Labuan
- When the assets are placed in a Trust, it is no longer considered to be in your possession
- If your Trust is set up as an irrevocable Trust, in the event of claims from creditors or external parties, the assets are protected.
- Since the assets are not in your possession, you do not have to pay income tax on any money generated from these assets
- Useful tool for estate planning
- Tax savings in international income and capital gain because in Labuan, no tax charges for non-trading activities
Flexible and Recognition
- Can be tailor-made according to different family sizes and requirements
- Recognized in all common law jurisdiction and plus increasing recognition in civil law jurisdictions
Structure of a Labuan Trust Company
Trust company structure
Characteristic of Labuan Trust
- Settlor must be a qualified person or a resident who can retain certain wide powers including revoking, amending or varying the terms of the trust.
- The beneficiaries of a Labuan trust must also be a qualified person or a resident.
- At least one of the trustees of a Labuan trust must be a Labuan Trust company
- Where a trust property includes Malaysian property, prior approval must be obtained from Labuan FSA
- The duration of a Labuan trust may be prescribed
- The Act allows the settlor to provide a letter of wishes, in addition to provisions contained in the Trust Deed.
What types of Assets can be held by a Labuan Trust?
Common Assets held by a Labuan Trust
Types of Asset
- Money in Bank Deposits
- Real Estate Properties
- Shares in listed and unlisted companies
- Investment Portfolio
- Intellectual Properties
- Life assurance policies (issued on the life of the Settlor)
- Most other forms of assets
Frequently Asked Questions (FAQ) about Labuan Trust company
What is a Labuan trust and what is it used for?
- A trust is commonly set up and used for different purposes but mainly focuses on managing and protecting people’s assets.
- Trusts are highly flexible and there are many types to suit one’s unique needs.
Are trusts required to register with Labuan FSA for their set up in Labuan IBFC?
- While trusts in Labuan do not have to register with Labuan FSA, it must use a Labuan trust company as one of their trustees.
Who can allowed to set up a trust in Labuan?
- Both Malaysian resident and non-resident can set up a trust in Labuan.
- For non-residents, Malaysia property can be injected into a Labuan trust.
- For Malaysian residents, international assets can be placed in to a Labuan trust. As for injection of Malaysian property, Labuan FSA (regulator) approval will be required.
What is the difference between a trust and a foundation?
How will the income derived from a Labuan trust be taxed?
- Taxation treatment is similar as other Labuan entities under the Labuan Business Activity Tax Act 1990 (LBATA).
- Labuan tax treatment
What is the tax implication for Labuan trust's distributions?
- Distributions from a Labuan trust to its beneficiaries are tax-exempted.
What is legislation governing the operations of a Labuan trust?
- Labuan Trusts Act 1996
What are the fees payable by a Labuan trust in Labuan IBFC?
Labuan trust company registration fees
The cost to set up and register a Labuan trust company is as such: