Course

[04 Feb 26] Property, Trusts, and Taxes: An Introduction and Review of Current Legal Landscape

OVERVIEW    

 Singapore property owners now face intense ABSD, stamp duty, income tax and property tax pressures when acquiring, holding and selling real estate, especially where families, private corporate vehicles, and trusts are involved. Such structures can help manage risk and aid succession planning amongst other things, but missteps may trigger unexpected duties, challenges, as well as disputes over ownership and sale proceeds. 

This workshop explains how some types of trust structures operate in real estate transactions, and how they interact with Singapore’s tax regime. In particular, participants will be introduced to aspects of trust arrangements and the practical realities of dealing with trust structures. Drawing on recent cases and real-life examples handled by the speakers, participants will learn practical dos and don’ts for the usage of trusts or when dealing with trusts and trustees, for instance when dealing with the acquisition, sale, or other handling of Singapore property, so as to avoid potentially costly pitfalls. 

 TOPICS COVERED

• Exploring permutations of trust structures including trust arrangements for Singapore property, versus ownership via a company or natural person 
• Transfers involving families, entities, and trusts, including the basics of living trusts and testamentary trusts 
• Review of relevant and recent Singapore case law covering property trust issues and disputes 
• Overview of ABSD (Trust) regime 
• Red flags, drafting tips, and case studies illustrating what might go wrong and how such issues can be avoided 

LEARNING OUTCOMES

• Learn about different types of trusts and reasons for setting up trusts 
• Identify when and why a trust (verus personal or corporate ownership) is commonly used in Singapore real estate transactions or for the holding of property, and its impact on stamp duty, property tax, and income tax 
• Understand the issues which may arise when settling property into a trust or when dealing with a trust, in particular issues relating to taxes and stamp duty 
• Apply practical dos and don’ts when advising on, setting up, or dealing with trusts that hold Singapore property, including documentation and governance points. 

TARGET AUDIENCES

• Property owners and investors
• Professionals handling real estate and tax planning
• Asset / Investment Managers

CPD POINTS

2 PDUS: PEB

KNOWLEDGE PARTNERS

Mr Edmund Leow, S.C., Senior Partner, Dentons Rodyk & Davidson LLP

Edmund is a senior partner in Dentons Rodyk’s Corporate practice group. He has over three decades of experience in advising multinational organisations on cross-border tax planning, transfer pricing and tax disputes, and also advises on international trade issues such as customs, WTO and free-trade agreements. In addition, Edmund leads the firm’s Trust, Estates and Wealth Preservation practice and advises high net worth individuals, private banks and trust companies in personal tax, as well as in trust and estate planning matters. Edmund is a highly recognised individual in various legal directories for his expertise in the area of tax and private wealth law. He was invited by the government to serve as a Judicial Commissioner at the Supreme Court, and upon stepping down in 2017, was appointed Senior Counsel. He is currently the President and an honorary member of the Singapore Trustee’s Association (STA) which represents the interests of trust companies in Singapore.

Mr Terence Wah, Partner, Dentons Rodyk & Davidson LLP

Terence is a partner in the Real Estate Disputes and Trust, Estates & Wealth Preservation/Family Office practice groups at Dentons Rodyk & Davidson LLP. Terence is also experienced in a wide range of other matters from contractual and tortious claims to claims involving company and insolvency issues. In the 2024 Benchmark Litigation review, client praised Terence as “very knowledgeable in estate and trust law”. Terence has represented both individual and corporate clients and has appeared as lead counsel for trials in both the State Courts and the High Court of Singapore and defended appeals at the High Court and the Court of Appeal, including in important land law cases such as one of the first successful breach of contract claims against managing agents in The Management Corporation Strata Title Plan No. 4375 v Smart Property Management (Singapore) Pte Ltd [2022] SGDC 38, the first case on the status of Stakeholding monies after the 6 year statutory limitation period in UOL Development (Dakota) Pte Ltd v Lau Soon and another [2020] SGDC 233, and the first local case on emergency adjournment of an MCST meeting in Chan Sze Ying v Management Corporation Strata Title Plan No 2948 (Lee Chuen T’ng, intervener) [2021] 1 SLR 841. 

Ms Nicolette Lee, Senior Associate, Dentons Rodyk & Davidson LLP

Nicolette is a Senior Associate in Dentons Rodyk’s Tax, Family Office, and Trust, Estates & Wealth Preservation practice. She advises and acts for a wide range of clients, including but not limited to high-net-worth individuals, families, corporations and trust companies, across a wide range of sectors. She assists with advising on and the implementation of proposed structures, including drafting testamentary documents, company constitutions, and trust deeds, to establish a myriad of structures, including complex structures involving private trust companies. This includes advice on family succession, governance, and tax, which often involves cross-border elements. To complement these capabilities, Nicolette regularly guides individuals, families, and funds through the set-up of family office structures and applications for suitable tax incentives. She is also experienced in guiding clients through detailed will-drafting and probate procedures.

Terms & Conditions

Request for withdrawal must be made in writing. We encourage particpants to nominate a replacement for the session. Refund requests are subject to approval on the following conditions: 

• Requests sent in at least 2 weeks before commencement: 50% of course fee refunded.
• Requests sent in less than 2 weeks before commencement: No refund, full course fee payable.

Ticket Information