• 財富規劃
  • 2018年07月24 日

成立家族辦公室的常見考慮事項

我曾在過去的文章中分享治理家族業務的重要性,以及如何開始規劃家族治理

我們重申,新加坡銀行深信就承傳等事宜訂立妥善規則,以確保業務和家族世代昌隆,是家族業務的成功關鍵。

成立由專業人士管理的家族辦公室,以全面綜觀家族的財政利益,是實現上述目標的其中一種方式。

新加坡以政權穩固和親商環境見稱,因而成為多個富裕家族成立家族辦公室的理想地點

決定為業務成立家族辦公室只是第一步,其後需要考慮若干重要因素。本文將列舉成立家族辦公室時應考慮的七個重點  。這些重點當然不能包括所有情況,但可以作為良好的參考,以瞭解部分常見的考慮因素。

1. 您成立家族辦公室的目標是什麼?

家族辦公室是一個中央化單位,幫助協調各種家族活動。

這些活動包括為整個家族提供貫徹一致的投資策略、申報稅項和整合賬戶等。瞭解成立家族辦公室的目標,將有助選取合適的考慮因素,從而為家族辦公室擬定最佳的架構。

舉例說,假如其中一名創始人的主要目標是,確保主要家族成員取得在新加坡永久工作和居留的合法資格,便可能需要委任這些家族成員為家族辦公室的投資委員會成員。如果客戶希望移居海外,家族辦公室或會審視移民事項,以尋找可能適用的稅務居民身分。

家族辦公室日益扮演的另一個角色,是為企業整合共同申報準則下的申報。

共同申報準則是一項信息標準,以於全球自動交換稅務和財政信息,旨在打擊稅務問題。與我們合作的稅務顧問將向家族講解不同的稅務豁免計劃和要求,以瞭解如何按合法方式享有最大的稅務優惠。在考慮家族的需要後,我們可建議相關的家族辦公室架構。新加坡銀行與頂尖的律師和稅務顧問合作,為客戶提供最佳和最全面的建議。

2. 您將會向家族辦公室注入哪些資產?

您可以向家族辦公室注入多個類別的資產,包括金融投資,甚至是私人或公開上市公司。

資產也可以包括房地產,這個領域通常面對的問題是,到底該物業所處的司法管轄區是否徵收遺產稅和轉移稅,以及是否設有其他持有限制。

我們的部分客戶擁有價值不菲的物品,例如:私人飛機、遊艇、稀有藝術品、寶石和貴金屬以及傳家之寶等。

在決定注入哪些特定資產前,審慎考慮是至為關鍵的一環,因為資產的特質、所在地和其他細節,都可能影響律師向客戶就相關司法管轄區所提供的稅務和法律意見,從而影響對最佳資產轉移方式的評估。

我們將與客戶回顧可獲銀行接受的資產,並商討投資策略選項。

舉例說,我們可能建議對不獲銀行接受的資產採取另類架構,例如以私人信託公司運營業務。

3. 家族辦公室有什麼投資策略和投資委託?

首先,我們需要瞭解客戶的投資目標和風險水平。然後,決定  將會用作於投資的個人資產金額。在瞭解這些細節後,我們將建議符合客戶風險水平和目標的投資策略和投資產品。

至於向新加坡金融管理局和經濟發展局提交申請方面,監管機構預期家族辦公室就投資策略和業務投資委託訂立清晰的路線圖,以作為評估程序的一部分。

4. 如何向新加坡金融管理局申請許可和稅務豁免?

當把業務成立為單一家族辦公室後,家族辦公室架構將納入不同的控股公司 。如果該業務計劃根據Enhanced Tier Fund Tax Exemption Scheme(通常稱第13X條)  申請稅務豁免,便需要符合有關要求。

舉例說,該辦公室需要聘請最少三名投資專家,投資最少5,000萬新幣於基金實體,以及作出每年最少200,000新幣的當地業務開支。

該業務的商業代表需要出席新加坡金融管理局的面試,我們將為客戶進行協調和準備。

新加坡金融管理局希望瞭解該業務的投資策略和其他細節,才給予符合第13X條稅務豁免的批准。

第13X條的豁免容許若干指定投資的特定收益獲稅項豁免。指定投資包括一系列廣泛的資產,例如股票、股份、證券和衍生工具。

5. 持續運營要求包括哪些條件?

要成立家族辦公室,首先要決定運營業務的家族辦公室選址。其他行政事項包括開立所需的銀行賬戶,以及落實信息科技系統以整合投資組合等。我們也會準備好年度稅務申報和其他強制性申報,例如根據共同申報準則和海外賬戶納稅法案的規定。

另外,我們將會協助客戶委任外部審計師,以進行年度財政審計,並與客戶持續回顧投資策略。

6. 值得考慮的承傳規劃工具 

為了確保家族辦公室的業務可持續運營,我們需要訂立家族治理指引和家族憲章(Family Constitution)。這程序有助避免創始人進行承傳時引起爭執或內訌。我們也需要厘定家族辦公室擁有權的承傳

可供選擇的工具包括遺囑、持久授權書和私人信託公司。不少客戶都希望子女長大成熟時,深明業務運營和投資理財之道。因此,我們為下一代提供培訓,幫助下一代更深入瞭解家族業務和財富管理。

7. 家族有什麼慈善策略?

過去數年,越來越多家族辦公室加入慈善的元素。辦公室可考慮成立慈善信託,以捐助予特定慈善機構。家族訂立慈善目標是一項良好措施,借此厘清家族希望集中於哪個特定的慈善範疇。另外,我們可以向家族介紹慈善夥伴網絡,並協助舉行旨在實現慈善目標的會面。

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