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Trusting Fate

Despite the regulatory problems with China's trust laws, there is still a place for Chinese formed trusts. The sudden flush of cash coming from China's famous mega-IPOs can be all too tempting to the taxman. Tracy Zhang, a tax professional at KPMG argues that private companies preparing to go public are those that can most benefit from a judicious use of a legal trust modeled on the Chinese system.

A company domiciled in China can't pack up its steel mills and head to the Caymans, particularly if they are about to list in Shanghai,

so a Chinese structure are often the only ones available. The advantages are obvious though - the founder's income taxes will be minimized, while the shares are still being held in a vehicle that passes muster with exchange regulators. Zhang is quick to point out though that this doesn't protect the share owner from all risks. As the laws on taxation of trusts are not stipulated, people taking advantage of trust structures are essentially "taking advantage of the regulator's ambiguity."

But that could turn the opposite way, and suddenly leave you liable if a court decides to define your liability.