Introduction: What is a Delaware Statutory Trust (DST)?
A Delaware Statutory Trust (DST) is an estate-planning strategy used to protect assets from creditors.
The DST has the same tax treatment as the grantor’s other property. The trustee has no obligation to distribute any income or corpus to the grantor or any other person but is required to distribute all of the income and corpus exclusively for the benefit of designated charitable beneficiaries.
What Qualifies as Income for a DST?
The term “income,” as it is used in the Delaware Statutory Trust Code, has a very broad definition. It can include income from any source, which means it does not refer to capital gains, tax refunds, or other things that are not actual income.
How are DSTs Taxed?
Delaware Statutory Trusts are a special type of estate planning tool that supplements the laws of trusts in Delaware. They are taxed at two levels: the first time when you transfer your assets into the trust, and again when assets are distributed.
This article will explore how a DST is taxed in various scenarios. It depends on how much income they receive from the trust for individuals. If there is more than one beneficiary, then the trusts can reduce federal income tax obligations for all beneficiaries over time. For corporations, it depends on whether or not they own 100% of the stock in a subsidiary. If they do not own 100% of the stock in a subsidiary, then the company might be deemed as an affiliated person.
The major distinction between DSTs and other types of trusts is that there is an initial tax liability incurred whenever assets are transferred into them. This tax liability can be spread over time by paying out annual interest to beneficiaries of these assets before distributing them to their beneficiaries.
Why Should I Consider Creating a DST?
For those who want to shield their assets but still have access to them, DST is a perfect solution.
The DST is a legal entity that anyone can create and own by anyone. It contains a trust document that lays out the entity’s duties, powers, and terms of ownership. The trust document also defines who is responsible for managing the trust’s assets and how they will be managed. It is often used by businesses looking to keep their finances more private or individuals wanting to keep their health and personal information more private.
One of the most important aspects of a will is determining what will happen to assets after death. This is where DST comes in. DSTs keep assets out of probate and offer peace of mind, which can help control the way assets are passed on to beneficiaries after their owner has passed away and eliminate any doubt and uncertainty about the process.
The DST is a very popular and effective strategy for bypassing probate and other potential pitfalls in the estate plan process. It also provides another layer of protection when it comes to protecting an individual’s assets from possible lawsuits, as any property that would otherwise be included in an estate plan such as a will or probate would instead be transferred to the trust.
The Advantages of a DST
Some of the advantages of a DST are:
- The trust is taxed in the most advantageous way.
- The trustee is not liable for trust debt or obligations, which frees up time or requires less personal attention to manage the trust.
- It has flexibility in terms of controlling distributions to beneficiaries.
- It can be funded by any property, including marketable securities, life insurance policies, retirement plans, and more.
- There are few restrictions on who can be a trustee or beneficiary.
- There are also a few restrictions on how the property within the trust can be invested.
- A statutory trust has no formalities that must be observed, which means even small children can create their trusts with little effort.
Disadvantages of a DST
The most significant disadvantage of a DST is the inability to control the future of your assets. This type of trust is irrevocable, meaning it cannot be terminated in the future. It also cannot be modified, meaning any changes to the trust would require approval from all beneficiaries and grantors.
DSTs have a common issue that causes a lack of liquidity. Generally, a third party to the trust would need to be involved for a distribution of funds to happen. This typically means that the trustee needs to sell trust assets before releasing any funds from the trust.
Conclusion: What Are the Benefits of Creating a DST?
The benefits of creating a DST include:
-Protecting assets from lawsuits and creditors
-Reducing estate taxes
-Avoiding probate fees
-Shifting wealth to future generations
All these benefits support that the DST is a guaranteed way of securing your property and assets for yourself and your loved ones.
