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Operating agreements aren't required in the state of South Dakota, but having one can benefit your business.
The primary drawbacks to establishing a South Dakota dynastic trust are the restrictions on your financial flexibility once the trust is established and the limited flexibility imposed on beneficiaries.
Doing so is an excellent decision because having a living trust will allow you to create a strong estate plan and protect all your assets after you die. Living trusts in South Dakota have favorable laws that give you a chance to securely house all your assets and have massive control over your wealth distribution.
Because South Dakota has no Rule Against Perpetuities, South Dakota grantors may establish a dynasty trust to retain control over trust assets forever?or at least until a court decides that the burden of administering the trust outweighs the benefit for existing beneficiaries.
A South Dakota Dynasty Trust is a very powerful planning tool that preserves family wealth over generations, allowing a trust to live in perpetuity (forever), therefore never subjecting the assets to federal estate taxation through a forced distribution.
Unparalleled Tax Efficiency 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.
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 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.