Tax planning


According to the general rule, the transfer of assets to trust does not create a tax or duty obligation for either the settlor or the trustee. Essentially, this transfer of assets qualifies as a tax neutral operation, and its greatest advantage is that any property item (such as real estate, a stake in a company) can be transferred into trust without incurring any tax obligations. Any tax obligation can arise only when the asset and its yields are allotted to the beneficiaries, but until then taxes can be deferred. For an "entrepreneur" subject to the accounting act, and in accordance with the act on corporate tax, the "managed assets" transferred to trust are subject to taxation, therefore the managed assets are taxed just like a company. Accordingly, every element of the current Hungarian tax system which offers tax relief or tax exemption to companies applies to "managed assets" as the subject of corporate tax. Therefore, trust can be used for creating the most frequent tax planning structures. On the basis of all this, additional tax benefits can be achieved after company shares and intellectual works are transferred into trust. The managed assets must be divided into two parts in allotment: capital and yield. The beneficiary must pay a duty on the capital after asset allotment. This obligation does not exist if the beneficiary is the settlor or if the beneficiary is the spouse or a lineal relative of the settlor. When the yield is allotted, a private person beneficiary must pay the tax as if he had received a dividend.