Offshore Trusts Report: Isle of Man
Legal Framework and Formation Rules and Fees
The Isle of Man law of trusts is based on English
law and is to be found in the following acts:
-
Trustee Act 1961
-
Variation of Trusts Act 1961
-
Perpetuities and Accumulations Act 1968 (adoption of the
Hague Convention)
-
Recognition of Trusts Act 1988
-
Trusts Act 1995
-
Purpose Trusts Act 1996
-
Fiduciary Services Acts 2000 and 2005
- Trustee Act 2001
In addition, being a common law jurisdiction, there
is a considerable amount of case law (mainly English) which is persuasive
authority for the Manx courts. The distinctions between English
law and Manx trust law arise principally from the fact that the
Isle of Man has not adopted certain provisions of English trust
law, for example, those relating to restrictions on accumulation
of income. Appeal from the Isle of Man courts is to the Privy Council
in London.
Trusts do not need to be registered unless they involve
real estate on the island, when settlements inter vivos must be
registered, or are public, i.e. charitable trusts, in which case
they must file annual audited accounts, and are subject to supervision
by Her Majesty’s Attorney-General in the Isle of Man. There
are no other statutory accounting or auditing requirements and there
is no need to file tax returns. However, trustees are obliged by
law to inform the Assessor when there is, or may be, an Isle of
Man income tax liability. The Isle of Man Income Tax Department
issued Practice Note 160/09 in October 2009 to provide additional
guidance on the tax obligations of trusts.
Please log in at the top of this page, or register
for free, to access the rest of the content on this page.
| |
Offshore Trusts Guide Service Levels
|
 |
Open content: Access to more than 30%
of most pages, all news stories and all features. |
 |
Free trial: Register
your email address for temporary access to subscriber content
and our newsletter. |
 |
Subscription: Subscribe
for all website content, enhanced in-content context sensitive
news feeds on all knowledgebase pages, our email news bulletin
service, an annual PDF version to download, and priority support. |
|