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✦ 30+ pages · 6 chapters · 23 topics

Offshore Trust Compliance Guide

A practitioner's guide to setting up and maintaining offshore trusts under Chinese-resident settlors — including Public Notice 21 reporting, CRS automatic exchange, and SAT's economic-substance & anti-avoidance review.

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30+
Pages
6
Chapters
23
Topics
20min
Read Time

Key Topics Covered

Each whitepaper consolidates decades of compliance advisory into an actionable, navigable reference.

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Trust Structures

Discretionary trust, fixed-interest trust, STAR trust, purpose trust, private trust company (PTC). Jurisdictional choice (BVI / Cayman / Jersey / Singapore / Hong Kong).

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Public Notice 21

State Taxation Administration Announcement No. 21 (2018): settlors and trustees of foreign trusts controlled by PRC tax residents must self-report. Threshold & method.

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CRS / FATCA Coordination

Automatic exchange under Common Reporting Standard, US FATCA reporting where applicable, classification of settlor / protector / beneficiary.

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Who Is This Whitepaper For

Family-office founders considering offshore trusts, mid-market entrepreneurs with capital-gains risk, and inheritors of legacy offshore structures built before 2018.

Reading Path

A suggested sequence that takes you from foundational concepts to operational execution.

1

Structure Design

Set up family-trust structure with trustee selection, deed of variation terms, protector role. Output: trust instrument with documented business purpose.

2

Setup & Funding

Establishment of trust, transfer of assets (equity, real estate, cash), valuation & stamp duty considerations. Output: funded trust.

3

Annual Compliance

Trustee annual report, Public Notice 21 self-reporting, CRS information return, anti-money-laundering review. Output: compliant structure.

Frequently Asked Questions

Q: Public Notice 21 covers me?
A: Any Chinese-resident settlor or controller of a foreign trust with PRC tax-resident beneficiaries is in scope. Self-declaration required if income exceeds non-taxable threshold (CNY 60,000/year).
Q: Will using trust avoid capital-gains tax?
A: Public Notice 21 specifically targets avoidance. The trust is 'look-through' — settlor treated as having directly held the assets, so gains at disposition are taxable. Pre-existing legitimate estate planning remains valid but does not provide tax shield for embedded gains.
Q: Which jurisdiction is best?
A: Singapore (PTC-licensed) and Hong Kong for Asian family offices; BVI / Cayman for legacy structures; Jersey for cross-generational trust with full discretionary powers.

Need a Tailored Compliance Roadmap?

This whitepaper is an overview. For your specific transaction, structure, or filing need, our team provides a personalised advisory engagement.

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