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ARTICLE · 15 MARCH 2017

Differing Expectations – Domesticating A Foreign Trust

Taxation policy changes in the US, as in other Western economies, have achieved the desired effect of encouraging the repatriation of assets.

GuernseyCorporate/Commercial Law

It is important to be aware of retiring trustees' indemnity requirements when domesticating a foreign trust, writes Michael Betley, Group Chairman at Trust Corporation International.

Taxation policy changes in the US, as in other Western economies, have achieved the desired effect of encouraging the repatriation of assets. A combination of heightened international tax reporting together with the cumulative and penal effects of tax non-adherence in foreign trusts has created a wave of international trust and estate planning, with an increasing number of foreign trusts being domesticated.

While the transfer of trusteeship from an incumbent trustee to its successor is both common and simple, by the time you add the international cross-border element and the differences between the onshore and o shore practices and law, the complexity of the process increases significantly.

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