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To make a living trust in South Dakota, you:Choose whether to make an individual or shared trust.Decide what property to include in the trust.Choose a successor trustee.Decide who will be the trust's beneficiariesthat is, who will get the trust property.Create the trust document.More items...
Among the chief advantages of trusts, they let you: Put conditions on how and when your assets are distributed after you die; Reduce estate and gift taxes; Distribute assets to heirs efficiently without the cost, delay and publicity of probate court.
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.
The rule of perpetuity South Dakota is an anomaly when it comes to perpetuity as many states enact The Rule Against Perpetuities which generally restricts trusts to a duration of 80-100 years. Without that rule in place, any assets placed in a trust can last forever.
South Dakota has become a domestic tax haven in the United States because of its own low state taxes, privacy legislation and trust laws.
South Dakota has one of the top dynasty purpose trust statutes in the U.S. In fact, South Dakota is one of the few states that allow for purpose trusts to be established for any lawful purpose, not just for the pets or honoraries. The purpose trust does not have beneficiaries; its sole purpose is to care for an asset.
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.
South Dakota is one of a handful of states in the United States that provide creditor protection for self-settled trusts. This is a type of trust into which a client transfers assets and he or she is the beneficiary.