Anagha Capital
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TRUSTS

A trust is an arrangement whereby a party called a trustee holds property, for the benefit of other parties or persons, or for some purpose permitted by law.

  • Relevant laws: The Trust Act 2001, The Financial Intelligence and Anti-Money Laundering Act 2002 and The Financial Services Act 2007
  • The Mauritian law permits the establishment of a variety of trusts, namely, discretionary trust, excluded property trust, employment benefit trust, protective or spendthrift trust, purpose trust and charitable trust
  • No express provision for the registration of a Trust in Mauritius unless it proposes to hold a GBL.
  • Mitigation of effects of forced heirship (for non- Mauritian nationals)
  • Accumulation of Income over a period of time (not exceeding the maximum duration of the trust)
  • Where the trust property includes an immovable property situated in Mauritius, the accumulation period shall not exceed 25 years.
  • Charitable Purpose trusts can be of a perpetual duration
  • Subject to criteria, a trust can claim tax exemption annually
  • Trusts considered resident will be liable to tax in Mauritius on their worldwide income
  • A trust shall be deemed non-resident if its central management and control occur outside Mauritius

FOUNDATIONS

Partner with us to lift the burden of your daily personal responsibilities.

The objects of a foundation may be:

  • Charitable or non-charitable, or both;
  • For the benefit of a person or a class of persons, or carry out a specified purpose, or both.

Charitable Foundation
A foundation shall be a charitable foundation where it has the following exclusive purpose or object:

  • the relief of poverty;
  • the advancement of education
  • the advancement of religion;
  • the protection of the environment;
  • the advancement of human rights and fundamental freedoms; or any other purpose beneficial to the public in general

Foundation Registration

A Mauritius Foundation is required to be registered and issued with a certificate of registration by the Registrar of Companies (ROC).

Foundation Council

Members of a Foundation Council have no personal title to a Foundation’s property, either as individuals or jointly as a body, and with no personal liability in the absence of fraud or negligence for any breach of that Foundation’s obligations.

Foundation Assets

The Foundation assets can consist of:

  • Real estate (commercial or residential)
  • Shares in companies, funds, unit trusts
  • Investments

Uses of Foundations

A Foundation created in Mauritius allows for, inter alia:

  • Asset protection and tax planning
  • Being recognised in all common and civil law jurisdictions
  • Holding assets which can be passed on from one generation to the next (estate planning)
  • Minimizing estate taxes or other inheritance taxes
  • Avoidance of forced-heirship rules
  • Maintenance of corporate control

Category 1 – Global Business Licence

A foundation may apply for a GBL1 with the Financial Services Commission should it wish to be tax resident in Mauritius for the purposes of accessing the network of Double Taxation Agreements.

Taxation

A Mauritius Foundation can elect to be non-resident by the Council filing a declaration to that effect with the Mauritius Revenue Authority (MRA) and be exempted from all income tax. All distribution made to non-resident beneficiaries of the Foundation are also exempt income tax.

LIFESTYLE MANAGEMENT

A Foundation is governed by the Mauritius Foundations Act 2012 and is a legal entity without members and with its own structure, the ownership of which is to achieve a certain specific purpose by means of contributions made. A Foundation enjoys legal personality which fulfils related functions as those of a trust, but with the administrative flexibility of a company.

Some of these services normally referred to as “concierge” in nature is;

  • Asset Management & Protection
  • Personal & Corporate Concierge Services
  • Golf Membership
  • Yatch/ Watercraft registration & management
  • Private jets registration & management
  • Event Access & VIP Support
  • Art Investment
  • Real Estate Investment

IMMIGRATION SERVICES

Amongst the most popular residency and citizenship schemes, we specialize in:

  • Provision of Occupation permits as investors, self-employed or retirees in Mauritius
  • Provision of Permanent residency in Mauritius (through property acquisition)
  • The transition from one destination to another can be a cumbersome journey. At Anagha Capital, we take in charge all this complex process and make everything satisfying and memorable on your side.