What On Earth Is A Fiduciary?

DEFINE

Recently, my significant other opened the idea of discussing about whether it is worth getting a fiduciary and a financial adviser. I focused on the former. A fiduciary’s duties and responsibilities goes beyond directing the individual (i.e., beneficiary) to his or her financial goals. The fiduciary acts for or on behalf of the beneficiary in certain circumstances. This is a bond established by utmost confidence and trust.

A fiduciary is either a person or an organization who has the highest legal duty of being ethically bound to act in the beneficiary’s best interest. Fiduciary relationships include:

* Trustees (of a beneficiary);
* Directors (of a company);
* Agents (of a principal);
* Lawyers (to the client); and
* Partners (to each other).

Aside from this, the Courts may find a fiduciary relationship exists when the beneficiary is dependent on the fiduciary, when the fiduciary has the discretion to act unilaterally for the beneficiary, and when such power affects the beneficiary’s legal or practical interests.

Do you qualify for any of these? Are you a fiduciary? If so, here are your duties.

DUTIES

#1: First and foremost, the fiduciary needs to avoid conflict of interest and duty. For example, a company director must not put himself or herself in a position where personal interest will conflict with that of the company’s. Do everything in good faith.

#2: Secondly, you must avoid unauthorized profits. For example, your position as a company director may be in breach of your duty if you acquire a business opportunity (i.e., belonging to the company) for yourself.

#3: Lastly, the fiduciary must manage the assets of an individual for the benefits of the beneficiary himself or herself. You cannot benefit personally from the management of the beneficiary’s assets.

LAW

According to research, Singapore is part of the common law legal tradition. Thus, the decisions of precedent cases in the superior courts are binding on the lower courts. Moreover, the decisions in other Commonwealth jurisdictions (e.g., in UK, Australia, or Malaysia) can be persuasive in the Singapore courts.

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“When a fiduciary relationship is established in one of these cases, future cases are bound to follow what has been established before. Statutes that are passed by Parliament may also impose certain statutory duties akin to fiduciary duties between parties.”

Consult legal agents to know more.

Sources: 1 & 2

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15 minutes to a lower tax bill and smooth Tax Season 2019 (1 Mar – 18 Apr 2019)

Lower your tax bill by maximising the tax reliefs available to you, and pick up some tax filing tips for a smooth tax season.

Tax season 2019 has begun, and like most Singaporeans, you may once again be required to file your taxes this year. From filing your taxes to utilising the tax reliefs at hand, here’s a quick way to a breezy tax season.

5 minutes: Find out if you are required to file your taxes this year

To file your taxes or preview your Notice of Assessment, log in to https://mytax.iras.gov.sg using your SingPass.

10 minutes: Edit your tax return and claim the tax reliefs available to you

Your income information may have already been pre-filled in your tax return if your employer is under the Auto-Inclusion Scheme. This means that your employer submits your income information to IRAS on behalf of you. However, if you received additional income in 2018 or spot an error in your tax return, hit ’Yes, I need to edit my Tax Form’ to ensure that these are reflected in your return.

Tax reliefs and deductions are targeted at certain groups of people to encourage social and economic objectives, such as filial piety and the advancement of skills. If you are eligible for any of the tax reliefs below, be sure to make your claims for them in your tax return for a lower tax bill!

Find out more about the tax reliefs – the qualifying conditions and claim amounts – at https://www.iras.gov.sg/irashome/TaxSeason2019/

And you’re done for the year!

When you’re ready, hit Submit before logging out. An acknowledgment message will be displayed upon successful submission of your tax return. Your tax bill will be sent to you between end Apr and Sep 2019. In the meantime, sign up for GIRO if you have yet to for a hassle-free tax payment experience.

Remember, file your taxes at myTax Portal by 18 Apr 2019 to avoid the last-minute rush and late filing penalties.

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Ultimate Guide To Singapore Taxing System

Aside from its undeniable cleanliness and thriving economy, foreign investors see Singapore as a country with an attractive corporate and personal tax rates. The Singapore taxing system is widely known for its tax relief measures, absence of capital gains tax, one-tier tax system, and extensive double tax treaties. What keeps this system going?

To answer that question, we must dive in to different types of taxes.

INDIVIDUAL INCOME TAX

As the name suggests, the individual income tax is imposed on a person following his or her total income. The extent to which a person pays for depends on one’s status in Singapore. At the time of assessment, the government may consider you as a taxpaying resident or a taxpaying non-resident. For residents, the tax rates begin at 0% and are capped at 22% (above S$320,000). For non-residents, the flat rate is 15% to 22%.

CORPORATE TAX

The corporate tax is imposed on a company following its profit or net income. Net income refers to the difference between the total expenses, receipts, and additional reductions in the book value of an asset. You have to understand that a company will only be taxed if the income is generated from Singapore or generated from overseas and received in Singapore.

What’s more? The corporate tax operates on a one-tier system and caps at 17%. By keeping corporate tax rates competitive, the country continues to attract a significant share of foreign investment.

PROPERTY TAX

It comes as no surprise that all property owners in Singapore are subject to Property Tax. It is imposed on property owners based on the expected rental values of their properties. It is levied on the unmovable properties such as buildings and lands. It is pretty much clear cut from here.

GOODS AND SERVICE TAX

Last but not the least is the type of task that we tackle on a daily basis – the Goods and Service Tax (GST). It is an indirect tax levied on the price of goods and services in the country.

GST was introduced in 1994 at a rate of 3%. Years have passed and the rate has been steady at 7%. Imported goods sold in Singapore follow the same GST rate too!

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Use these information to enrich your savvy consumer skills! ?

Sources : 1 & 2

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What Happens To Your Finances When You Die In Singapore?

Technically speaking, all the monetary value that the deceased left behind belongs to his or her estate. This estate includes bank accounts, investments, and properties. The only exceptions are the assets held in the trust and the individual’s CPF money.

All the assets will be frozen once a person passes away. The professional assigned to go through the departed’s Will is known as an executor. An executor is usually a family lawyer or a trusted relative. He or she applies to be granted probate, which is a court order empowering the executor to settle all the remaining assets.

Say that the deceased did not make a legitimate Will and has an estate of about S$50,000. The surviving family members may go to the Public Trustee for them to divide the assets according to the Intestate Succession Act.

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This is why it is recommended to write your own Will while you are still alive. In fact, a straightforward online tool that can help you with that is called the WillMaker. It costs about S$89.

WILL YOU BE LIABLE FOR THE DECEASED’S DEBTS?

After the funeral costs are sorted out, the executor will liquefy the estate to pay off the deceased’s outstanding debts. Outstanding debts encompass the unpaid taxes, mortgages, credit card bills, utility bills, and so on. When the court is satisfied with all the debt payments, the remaining assets can be distributed to the beneficiaries according to the Will.

You are fortunate to know that the surviving family members are not legally responsible for the debts left behind by the deceased in Singapore. A surviving family member will only be held liable for the debts, if they have a joint loan account with the deceased.

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Now, let us move on to the HDB flat left behind. HDB homeowners have a signed a mandatory insurance known as the Home Protection Scheme (HPS). This insurance protects families from losing their HDB flats in the event of death, total permanent disability, and terminal illness. HPS insures members up to age 65 or until the housing loans are paid.

Sources: 1 & 2

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Should you DIY or pay someone to draft your will in Singapore?

It’s a misconception in Singapore that it’s necessary to hire a lawyer to draft a will. Nothing could be further from the truth. Anybody can draft a will for you. In fact, if necessary, you can even write your own will, and it can be a perfectly valid will after you pass on.

While drafting wills does tend to lie within the domain of most estate-planning lawyers, many wills-drafting companies have also sprung up to service these needs. These companies usually don’t have any lawyers or even anyone legally trained but they survive by keeping themselves up to date on the existing law and marketing themselves heavily.

However, just because you can write your own will without having to spend a single cent doesn’t necessarily mean you should DIY. While it’s not impossible for the determined layman to pick up, there are a number of statutes and laws to get your head around if you want to make sure your will is drafted correctly.

You might want to take a look at this will-drafting guide if you’d like to draft your own will.

At the very least, you should be conversant with the Wills Act (Chapter 352) before embarking on writing your own will.

Advantages and Disadvantages of Drafting your own Will

Advantages

  1. There’ll be zero costs as you’ll be drafting the will yourself. All you need is a pen (or more likely, a word processor).
  2. There’s the added benefit of learning and picking up a new skillset.
  3. Anytime you need to update your will, you won’t have to make an appointment with a lawyer or will-drafting company. You can just do it yourself.

Disadvantages

  1. Exclusions will not be caught. It’s relatively easy to miss out on certain beneficiaries in a will. Someone who drafts your will, be it a lawyer or someone from a will-drafting company, will usually review your list of beneficiaries and ask you in-depth questions to make sure your will is an accurate representation of how you want your assets to be distributed in the event you pass on.
  2. There’s a higher propensity for error. It’s more difficult for someone without legal training and experience in wills and probate law to be able to perfectly draft a will. There are numerous grey areas in the law that a layman might completely miss out on or misinterpret.

Advantages and Disadvantages of Paying someone to Draft your Will

Advantages

  1. It’s relatively affordable to hire someone to draft a will for you nowadays. Simple wills tend to start from around $180. Complex wills can be more expensive but if you have a lot of assets in different countries, you probably won’t want to be drafting your own will as well.
  2. Hiring someone to draft your will ensures peace of mind, particularly if you’ve hired a lawyer to write your will. There’ll be less chance that a beneficiary will contest probate in the event of your passing and you’ll feel more assured that there won’t be errors in the will.
  3. Most estate-planning lawyers in Singapore can advise you on the whole estate-planning process, as opposed to merely the drafting of the will. Your lawyer can also assist you with getting a Lasting Power of Attorney and help your executors with extracting the Grant of Probate upon your passing.

Disadvantages

  1. You’ll have to incur costs to get peace of mind. While the price of having a will drafted is relatively cheap, you do still have to pay for it.

Conclusion:

There’s no real right or wrong answer here. If you’re willing to spend the time and effort to learn the relevant laws and statutes surrounding wills, it can be a fruitful exercise to write your own will.

However, if you’re not willing (or unable) to spend the time to pick up will-drafting, it’s probably in your best interest to go to a professional will drafter, preferably a lawyer. The last thing anyone needs is a will riddled with errors. A DIY will that’s poorly drafted can save you money in the short term but create a mess for your heirs when you’re gone.

Author Profile:

Shen is a writer for Singapore Probate, a website where Singaporeans can learn more about estate-planning matters in Singapore.

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