27. Where the deed creating an international trust is in a language other than English the deed must be accompanied by a certified English translation.
28.(1) Without affecting section 13(2) but subject to the terms of an international trust and to the order of the court, no trustee or other person shall disclose to any other person not legally entitled to any information or documents respecting an international trust
(a) the name of the settlor or any beneficiary;
(b) the trustees' deliberations as to the manner in which a power or discretion was exercised or a duty conferred by the terms of the trust or by law was performed;
(c) the reason for the exercise of the power or discretion or the performance of the duty or any evidence upon which such reason might have been based;
(d) any information relating to or forming part of the accounts of an international trust;
(e) any other matter or thing respecting an international trust.(2) Notwithstanding subsection (1) but subject to the terms of the trust, the trustee shall, at the written request of a beneficiary, disclose any document or information relating to or forming part of the accounts of the international trust to that beneficiary.
(3) Notwithstanding any other law but subject to subsection (4), the court may, in any civil or criminal proceedings, allow the disclosure of information or documents referred to in subsection (1) on the application of a party to the proceedings in such circumstances as the court thinks fit.
(4) For the purposes of subsection (3), in making an order under that subsection the court shall, inter alia, have regard to the importance of the information or document to the outcome of the proceedings.
29.(1) Non-resident beneficiaries of an international trust shall not be subject to income tax in Barbados on amounts allocated or distributed by trustees out of trust income.
(2) Amounts allocated or distributed out of capital of the trust to eligible beneficiaries are exempt from tax in Barbados.
(3) For the purposes of this section, the following rules shall apply:
(a) the trustees may transfer, appropriate or apply trust funds or any income thereof for the benefit of any beneficiary;
(b) the classification of a distribution as capital shall be the exclusive discretion of the trustees, provided, however that such classification does not offend the provisions of the trust instrument;
(c) subject to the provisions of the trust instrument, accumulated income of the trust which has been allocated but not distributed to beneficiaries in prior periods, shall form part of the capital of the trust;
(d) where income of prior years has accumulated in a discretionary trust which is exempt from tax under subsection (3), subsequent distribution of such income shall not be subject to tax in Barbados when paid to a beneficiary who is a resident of Barbados, except to the extent that the income relates to prior years during which the beneficiary was a resident of Barbados.
(4) A beneficiary, who is a resident of Barbados shall be subject to tax in Barbados on trust income in respect of any year during which he is resident in Barbados.
(5) Notwithstanding any provisions of the Income Tax Act, the income and gains of an international trust, including income from foreign or foreign securities are exempt from income tax in Barbados.
(6) The exemption from tax in respect of the income and gains of a trust shall not be effected by the change of residence of a beneficiary, if all the other conditions of an international trust as set out in section 2 have been complied with.
(7) Subject to subsection (8), an international trust is exempt from indirect tax, ad valorem stamp duty or other imposts on transactions undertaken or documents executed pursuant to its activities.
(8) An international trust shall pay a fixed duty as specified in the Schedule to the Stamp Duty Act.
30. The Exchange Control Act and Succession Act do not apply to international trusts.
Application of other law
31.(1) Except in so far as they are inconsistent with the express provisions of this Act, the following apply to international trusts:
(a) the rules of equity and of common law applicable to trusts; and
(b) the Trustee Act, except section 3 thereof and the Schedule to that Act,
and the Charities Act.
(2) The Public Trustee is prohibited from being a Trustee for the purposes of this Act.
32. International trusts are exempt from the requirement of registration under any law.
Amendment of enactment in Schedule
33. The enactment set out in the first column of the Schedule is amended in the respects set out opposite thereto in the second column thereof.
34. This Act shall come into operation on a date to be fixed by proclamation.
Schedule (section 33)
Stamp Duty Act In the Schedule to the Act insert immediately after Cap. 91 paragraph (b) appearing under the heading "EXEMPT SOCIETY WITH RESTRICTED LIABILITY "the following:
every agreement, assignment, bill of exchange, bond, covenant debenture or deed made or executed in Barbados in the course of business of an international trust pursuant to the International Trusts Act, 1995 $10.00."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances