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Firstly, investors form a DST by filing a Certificate of Statutory Trust with the Delaware Division of Corporations. Investors then choose to create a statutory trust that names a Delaware trustee or statutory trust that has become a registered investment corporation, along with a registered agent.
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A DST is formed by filing a certificate of trust with the Office of the Secretary of State of the State of Delaware. This certificate states only the name of the trust and the name and address of the Delaware trustee.
Delaware has a state fiduciary income tax on income accumulated in a ?non-grantor? trust where the trust itself, and not the grantor, is taxed on income earned by the trust. However, there is a full exemption from this tax if the income is accumulated for beneficiaries who are not current Delaware residents.
A living trust is created in Delaware by signing a Declaration of Trust, which will name the trustee, beneficiary and terms of the trust. You need to sign the declaration in the presence of a notary. Once that is complete, the trust must be funded by transferring assets into it.
Tax Savings Delaware does not impose income tax on accumulated income or capital gains if the irrevocable Delaware trust has only nonresident remainder beneficiaries. In addition, Delaware imposes no income tax on required income distributions to beneficiaries not residing in Delaware. Transfer tax savings.
Trusts do not need to be registered with the courts, which maintains confidentiality. Also, Delaware allows non-disclosure of beneficiaries. IT'S EASY Decanting allows a trustee to move a trust's assets to Delaware and modify some provisions without judicial reformation.
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