A solid jurisdiction to protect, manage and transfer wealth
The San Marino trust stands among the most advanced tools for wealth planning and asset protection, thanks to a comprehensive, modern legal framework fully aligned with international standards.
The Republic of San Marino has adopted legislation that provides legal certainty and structural clarity.
Flexibility is one of the system’s distinguishing features: the settlor may retain an active role, including acting as trustee or reserving specific powers, without compromising the validity of the trust.
A favourable tax regime
San Marino’s tax framework is attractive and competitive for foreign investments.
The ordinary tax rate applicable to trusts under San Marino law is 14.40%.
Where trust profits are reinvested and not distributed for a period of at least 24 months, the tax rate may be reduced to as low as 1.8%.
A reliable jurisdiction, internationally recognised
San Marino has placed the trust within a credible and globally recognisable legal framework by providing for the application of the Hague Convention of 1 July 1985 on the law applicable to trusts and on their recognition, including foreign trusts.
Jurisdiction in trust matters is broad and strategic: it is sufficient that the trust is administered in the Republic, that San Marino law governs the trust, or that the parties have chosen San Marino as the competent forum.
At the same time, the legislation allows for jurisdiction to be conferred on foreign courts, ensuring maximum flexibility in international structuring.
Rigorous formal requirements, enhanced client protection
A San Marino trust may only be established through a written deed with notarial safeguards.
This legislative choice strengthens the validity of the arrangement and protects the client from the very outset.
The trust deed must include a series of key elements, including provisions governing beneficiaries or purposes, identification of the trust assets, and control mechanisms.
Unless otherwise provided, the trust is irrevocable, a feature that enhances its stability and long-term effectiveness.
Institutional transparency that enhances credibility
One of the distinctive features of the San Marino model is the Register of Trusts, with which the trust certificate containing essential information must be filed.
This system ensures:
- legal certainty and enforceability against third parties;
- recognition of the trust structure by banks and counterparties;
- a balanced approach between formal transparency and substantive confidentiality.
Effective asset protection and segregation of assets
At the core of the San Marino trust is the full segregation of the trust fund.
Assets transferred into the trust:
- are completely separate from the trustee’s personal assets;
- are not subject to claims by the trustee’s personal creditors;
- do not form part of the trustee’s estate;
- are exclusively allocated to the trust’s purposes or beneficiaries.
This segregation provides concrete and effective protection of the trust fund.
Strong governance: trustee, protector and control mechanisms
San Marino legislation provides for a structured governance system designed to safeguard beneficiaries and trust purposes.
The trustee is required to act with:
- good faith;
- professional diligence;
- prudent and diversified investment management.
The trustee is supported by control figures, including:
- the protector, vested with supervisory powers and the right to take legal action;
- the resident agent, a qualified professional subject to anti-money laundering obligations, ensuring liaison with the San Marino authorities.
Trustee liability is stringent and cannot be excluded in cases of wilful misconduct or gross negligence.
The result is a system that effectively protects both the trust assets and their intended beneficiaries.
An ideal instrument for long-term planning
The duration of a trust may extend up to 100 years for beneficiary trusts and is unlimited for purpose trusts, making the San Marino trust particularly suitable for:
- succession planning;
- intergenerational wealth protection;
- management of family and business assets;
- philanthropic and purpose-driven projects.
Why choose a San Marino trust
In summary, the San Marino trust offers:
- legal certainty and institutional stability;
- effective asset protection;
- transparency and international credibility;
- structural flexibility;
- strong governance and qualified controls;
- a favourable tax environment.
Prima di un espatrio in uno dei molti Stati da noi proposti, organizziamo un appuntamento individuale.
L'appuntamento consiste nelle seguenti attività:
- analizzare le tue aspettative;
- valutare la tua situazione pre-espatrio ed eventuali criticità/ostacoli;
- stabilire la fattibilità del tuo trasferimento all'estero;
- individuare i pro e i contro della destinazione (una o più) in merito alle tematiche più varie: tassazione, affitti, costo della vita, clima, sicurezza, assistenza sanitaria, etc;
- programmare il percorso di trasferimento: tempistiche, modalità, costi.
