A nominee trust is a trust in which the trustee holds legal title to the trust property for the trust's beneficiaries, but the beneficiaries exercise the controlling powers, and the actions that the trustees may take on their own are very limited. Such trusts are a common device for holding title to real estate, and afford certain tax advantages. A nominee trust is not a trust in the strict classical sense, because of the trustee-beneficiary relationship. Despite a nominee trust's nontraditional relationship between trustee and beneficiary, such a trust must still adhere to the rule that no trust exists when the same individual is the sole settlor, sole trustee, and sole beneficiary. The trustees of a nominee trust act at the direction of the beneficiaries.
Delaware Nominee Trust
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Nominee Shareholder in Delaware Like a Nominee Director, the Nominee Shareholder will act on behalf of you in your company. Your information will not be disclosed on Government and the company' documents. The agreement between you and the Nominee Shareholder is called Declaration of Trust (DOT).
The trust is established by a professional real estate company, referred to as a ?DST sponsor?, who first identifies and acquires the real estate assets. As individuals invest, their investments displace the capital used by the DST sponsor to acquire the property until it is eventually wholly owned by the investors.
Elimination or Minimization of Taxes on Trust Assets Delaware does not impose any state income tax on income accumulated in, and capital gains realized by, an irrevocable trust (provided no beneficiary lives in Delaware).
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.
Unlike many states that limit the duration of a trust, Delaware allows most trusts to continue in perpetuity. Delaware eliminated the Rule Against Perpetuities for assets other than real estate held directly by a trust.
So, why is everyone talking about Delaware trusts? to modify the duty to diversify trust investment, and to permit the trustee to hold high risk portfolios, closely held business interests, and overly concentrated stock positions in the stock of family businesses gone public without fear of liability.
Delaware Statutory Trust Cons In A 1031 Exchange This lack of liquidity could be a Delaware Statutory Trust Con for some people. In order to have a successful portfolio, the investment timeline is typically 10 years. If you do not have a long term investment horizon, this could be a Delaware Statutory Trust Con.
Delaware Statutory Trusts (DSTs) typically offer a cash-on-cash return of 5-9% per year, with the potential for additional appreciation. The overall return on a DST investment will depend on a number of factors, including the properties that the DST invests in, the management team, and the overall market conditions.
