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South Dakota is a pure no income/capital gains tax state for trusts. However, if income is distributed from the trust to a beneficiary, the distributed income is generally taxed at the beneficiary's personal rates in his/her tax residence jurisdiction.
South Dakota offers everything a wealthy person setting up a trust could want. There is no state income tax or capital gains tax, so investment gains on assets placed in the trust are tax-free if it's structured correctly. Robust protections provide anonymity and shield assets from creditors.
Usually, a trust prohibits beneficiaries from assigning their interest in the trust before distribution. The anti-assignment provision protects undistributed trust assets from claims by a beneficiary's creditors. Next, disclaimers are used when a beneficiary, or heir, refuses to accept a gift or inheritance.
As Daniel writes, Carefully designed, a South Dakota dynasty trust can operate as a perpetual estate-tax-avoidance machine. The trusts still must pay federal income tax on any capital gains and dividends they receive.
South Dakota has no state income, capital gains, dividend/interest, or intangible tax. South Dakota also has no state inheritance or estate tax. As such, assets held in a South Dakota trust are taxed under South Dakota tax law and not subject to other state's high tax rates.
A beneficiary typically has a future interest in the trust's assets meaning they might access funds at a determined time, such as when the recipient reaches a certain age.
Trust Interest means an account owner's interest in the trust created by a participating trust agreement and held for the benefit of a designated beneficiary.
The minimum annual fee is $3,750 and the maximum annual fee is $20,000 for private trust companies, while the minimum annual fee is $4,500 and the maximum annual fee is $30,000 for public trust companies.
Trustees are trusted to make decisions in the beneficiary's best interests and often have a fiduciary responsibility, meaning they act in the best interests of the trust beneficiaries to manage their assets.