The British Virgin Islands (BVI) has always been the jurisdiction of choice by corporations and individuals around the globe when it comes to setting up offshore holding structures for international business and private wealth management.
當論及為國際商業及私有財富管理建置離岸控管架構，維京群島不管當今世界上個人及公司之首選地法。
The BVI is known as an international financial center for both its rock-solid stability and business-friendly environment. Trustees in the BVI and their clients are also supported by a world-class infrastructure and professional services on the islands.
BVI以其堅若磐石及利於商業之環境成為國際財務中心而聞名。BVI受託人與其客戶同時受有世界級之基礎建設與該島之專業服務。
As a leading jurisdiction in offshore trust structuring, the BVI has a reputation as a pioneer who has come up with various innovative legislations to meet the complex needs of businesses and individuals in the modern world, while at the same time enjoying the English common law.
身為一個領先世界之離岸信託架構，BVI做為一個聲譽卓著之先鋒角色，其有能滿足當今商業及個人複雜需求之創新法制，同時適用英國習慣法。
Today, in addition to the traditional fixed and discretionary trust, the BVI offers settlor reserved power trusts and VISTA trusts that promote flexibility in the management of trust assets. The BVI's private purpose trusts can be set up for any lawful purposes, and while they are purpose trusts, they can benefit beneficiaries. Settlors can also set up charitable trusts in the BVI for their philanthropical needs. Additionally, the BVI has a robust PTC regime to meet the needs of those who prefer to have their own trustee.時至今日，除了傳統固定與裁量信託外，BVI提供委託人權限保留信託及VISTA信託以促進彈性管理信託資產。維京群島私有目的信託能以任何合法目的而成立，當其是目的信託時，它能使受益人獲利。委託人為了善需求，可以慈善目的成立信託。此外，BVI有健全的私人信託公司以符合那些偏愛於有其自己的受託人之需求。
Now, why do people want to set up a BVI trust?現在，人們為何想成立BVI信託？
Confidentiality機密
A trust is a private arrangement by nature. The trust instrument is a private document between parties that established the trust (e.g. the settlor and the trustee). In the BVI, there is no registry for trusts and no requirement to disclose a trust's existence or details to the general public.信託性質上是私密財產安排。信託文書是當事人間成立信託的私密文件。在維京群島，成立信託無須登記，同時無須向公眾揭露是否有信託存在，也無須揭露信託細節。
However, it is important to note that the BVI participates in the exchange of information regimes such as FATCA and CRS, thus making the British Virgin Islands a fully compliant jurisdiction. The settlor of, and in some circumstances also others involved in a trust managed by a BVI professional trustee, are typically subject to AEOI reporting in the BVI depending on the jurisdiction they are from.
然而，值得一提的是維京群島參與例如FATCA及CRS等資訊交換制度，使得維京群島成為全然訟爭地。
Asset protection資產保護
Asset protection is particularly effective in multiple situations, such as when the marital status is a source of concern, when children are not self-confident, immature or addicted to alcohol and/or substances, or when family governance is not straightforward and lean.
資產保護在許多情況下是特別有效的，例如當婚姻狀態是一個擔憂的來源時，當子女不自信、不成熟或沉溺於酒精及或藥物或當家族治理不明確或傾斜時。
For example, if substantial family assets are gifted to a child directly, and the child would have a failed marriage, the child's spouse may potentially have a claim on the assets. To avoid that, wealthy parents can name the child as a beneficiary of a discretionary trust instead of gifting family assets to the child.舉例來說,家族實質財產直接餽贈與子女，嗣子女離婚，子女的配偶對家族財產存有潛在分配的權利。為避免此風險，富爸媽能以裁量信託方式指定子女為信託受益人取代以財產餽贈與子女。
Since the child's interest in the trust is not fixed, in the event of a failed relationship, the child's spouse will not have a claim on the trust assets. The parents may even consider specifically excluding their child's spouse from benefiting from the trust or stipulating in the trust instrument that the trust assets will not form part of the child's community properties.
因此孩子的利益在信託成立期間非固定的，於離異時，離異配偶不得對信託財產主張分配。富爸媽甚至特別考量排除離異配偶從信託中獲利或者在信託文件中規範，信託財產非孩子婚姻關係中之共有財產。
Tax Planning稅務規劃
Taxwise, the British Virgin Islands is an ideal trust jurisdiction as it does not have income, capital gains or gift tax. Income and gains derived from trust assets held by a BVI trustee are not taxed in the BVI, allowing settlors and beneficiaries to focus on the tax affairs in their home jurisdiction and the jurisdictions where the trust assets are situated. A BVI trust can cater to the tax needs of clients from different countries.
聰明的稅制；維京群島以其無課徵所的、資產或贈與稅而成為理想的領地準據法。源自於信託財產而由維京群島信託受託人之所得及利得，在維京群島不會被課徵稅賦，允許委託人及受益人於其主管轄地法來課稅，該地係信託資產位居地。英屬維京群島信託能迎合來自於不同國家客戶稅務上的需求。
Succession Planning傳承規劃
Upon the passing of the settlor of a BVI trust, the trust assets are normally not subject to probate in the settlor's home or any other jurisdiction. The trust allows the beneficiaries to do without the expenses, delay and unwanted publicity associated with a probating process.
基於英屬維京群島信託委託人之過世，信託財產通常情況下於委託人之母國無須透過遺囑認證，任何他國亦同。該信託允許受益人遺囑認證無須給付費用，亦不會造成延遲，同時不會因遺囑認證程序造成不必要的揭露。
If the settlor comes from a jurisdiction with a forced heirship regime, assets that they settled into a BVI trust will not be affected by the forced heirship rules. The trust can provide testamentary freedom that the settlor otherwise would not have.倘若委託人原管轄地有強制繼承制，其資產成立維京群島信託將不會被喬治繼承法則拘束（簡言之，以維京群島信託法成立之信託，將不會受委託人原生國強制繼承制之約束）。信託提供委託人在其他方面所無之有關遺囑處分財產之自由。
A BVI trust can also provide flexibility that a Will cannot come close to. For example, wealthy parents looking to provide for a spendthrift child after their passing. Letting the child have the assets outright may pose risks of not handling the wealth as wished by the parents. A BVI trust can then be put in place to ensure that the wealth will not be wasted while the child is adequately provided for. Similarly, a trust can be used to tailor-make special arrangements on how income and capital can be benefited by different beneficiaries at different points in time.
維京群島提供一個免於遺囑牽制較彈性的信託。舉例來說，富爸媽關注到過世後財產將會由揮霍無度之小孩繼承，維京群島信託能確保財富能擺放至正確位置免於被浪費，且小孩亦能妥是取得而維持期生活開銷。同樣地，信託亦能以客製化將所得與資本為特別地安排，使得不同受益人在不同的時點能及時獲利。
Are you interested to learn more about BVI trusts or setting up a trust in another jurisdiction? Please reach out to info@fidinamgw.com to explore your possibilities - or fill in the contact form below.
