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It
is very popular today for people to plan ahead for their financial future
and the financial future of those they wish to inherit from them. Trusts
are a way the law allows for personal property to become the property of
a “trust”, which is a legal entity similar to a corporation.
The trustee is the person designated by the founder of the trust to oversee
the trust.
Trusts allow you to avoid probate and gift taxes upon death. This makes
the handling of your estate simpler, quicker, and less expensive. Your heirs
will receive their inheritance in a timely manner, and with the lowest possible
tax burden. By planning ahead via a trust and will, it is possible to ensure
your wishes are carried out, and that taxes and legal costs are minimised.
Family trusts are easy to understand. The person who forms
the trust and places something into it (such as money or real estate)
is the “settlor”. The money or realty that is placed into
the trust is called the trust “res” or trust property. A person,
law firm, or special company that is empowered by the settlor to oversee
the operation of the trust is called the “trustee”. The settlor
can serve as their own trustee, if they wish.
Gifting plans under
New Zealand law allow you to transform up to $27,000 year into trust property
and avoid gift taxes on the funds. The $27,000 is per person per year.
A married couple can together gift $54,000 per annum, eliminating the
gift taxes on that sum. If a married couple funds a trust with their real
estate or other assets, each of them can transform up to $27,000 (totalling
$54,000 per year as a couple).
Example:
Married couple decides to place their vacation home into a trust for their
children. The property is valued at $270,000. They can have their lawyer
prepare a trust, naming the married couple as trustees, and the children
as beneficiaries. The married couple can have their solicitor file each
year a gifting form with the IRD, transforming $54,000 into gift tax free
value for their children. In five years of using the annual gifting plan,
the entire property has been transformed into gift tax free inheritance
for the children.
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