Skip to main content
Register Now ›

Avoid State Income Tax with a Incomplete Non-Grantor Trust in South Dakota

Book a Consultation
img-hero-green

Last Updated: Oct 26, 2023

Read Time: 3 mins

Introduction:

South Dakota has become a premier jurisdiction for trust planning due to its favorable trust laws and progressive approach to trust administration. In particular, the state’s recognition of Incomplete Non-Grantor Trusts (INGs) has made it an attractive destination for high-net-worth individuals seeking enhanced asset protection, tax efficiency, and flexibility in their estate planning strategies. In this article, we explore the concept of Incomplete Non-Grantor Trusts in South Dakota and the benefits they offer to settlors and beneficiaries alike.

What is an Incomplete Non-Grantor Trust (ING)?

An Incomplete Non-Grantor Trust is a unique type of irrevocable trust established in accordance with South Dakota trust laws. Unlike traditional irrevocable trusts, INGs allow the grantor to retain certain rights and benefits over the trust assets while still enjoying the protective features of an irrevocable structure. As a result, INGs offer a level of flexibility that sets them apart from other trust arrangements.

Key Benefits of Incomplete Non-Grantor Trusts in South Dakota:

1. Asset Protection:

One of the primary advantages of INGs is their ability to provide robust asset protection. By transferring assets into the trust, the grantor effectively shields those assets from potential creditors and legal claims. This protection extends to beneficiaries as well, safeguarding their inheritance from unforeseen financial risks.

2. Tax Efficiency:

INGs are considered non-grantor trusts for income tax purposes, meaning they are separate tax-paying entities. This distinction allows trust income to be taxed at the trust level, potentially reducing the grantor’s overall tax liability. Additionally, South Dakota’s lack of state income tax contributes to the tax efficiency of these trusts. Clients often move closely-held business interests (before a liquidity event) and securities to ING trusts to avoid state income tax.

3. Retained Control and Benefits:

Unlike traditional irrevocable trusts, INGs offer the grantor the flexibility to retain certain control over the trust assets. The grantor can act as a discretionary beneficiary, allowing for distributions from the trust when necessary. This arrangement ensures that the grantor’s financial needs are still met while maintaining the trust’s protective features.

4. Dynasty Trust Features:

South Dakota’s trust laws allow INGs to take advantage of dynasty trust provisions, enabling the trust to endure for multiple generations without incurring additional transfer taxes. This feature empowers families to create a lasting legacy while minimizing tax consequences.

5. Favorable Trust Laws in South Dakota:

South Dakota’s progressive trust laws, including the ability to establish directed trusts and the absence of rule against perpetuities, contribute to the attractiveness of INGs in the state. These provisions give settlors greater control over trust administration and ensure long-term preservation of family wealth.

Conclusion:

Incomplete Non-Grantor Trusts in South Dakota present a powerful estate planning tool for high-net-worth individuals seeking asset protection, tax efficiency, and flexibility. By combining the protective features of an irrevocable trust with the retained benefits for the grantor, INGs offer a unique approach to wealth preservation and multi-generational planning. South Dakota’s progressive trust laws and favorable tax environment further enhance the appeal of INGs in the state. However, establishing and maintaining an ING requires careful consideration and professional expertise. By leveraging the benefits of Incomplete Non-Grantor Trusts in South Dakota, settlors can create a comprehensive and sophisticated estate planning strategy that ensures the enduring prosperity of their assets and their family’s legacy.

The Stuart Green Law Approach

A Modern Approach to Family Wealth

Stuart Green Law combines modern South Dakota trust law with integrated estate planning, wealth management, and fiduciary services for families throughout the United States and internationally. The firm’s approach is built around selecting the strongest legal framework available, maintaining continuity of planning judgment, and bringing every part of the family’s wealth strategy into alignment with its long-term objectives.

Client Testimonials

Posted on Google Google
Thomas Gibson profile picture
Thomas Gibson
69 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I am so GRATEFUL for Stuart Green Law! Stuart is the kind of attorney you want protecting your family and your wealth. He opened my eyes to why South Dakota is the best trust jurisdiction, something I never understood before speaking with him. What stands out most is that Stuart genuinely cares about family, long-term protection, and doing things the right way. His dedication to his clients is what makes him different. I would trust him with my family’s future without hesitation. Wish everyone knew about him and his law firm.
Posted on Google Google
Charles Graham profile picture
Charles Graham
100 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Working with Stuart Green Law was an outstanding experience. Stuart is knowledgeable, professional, and genuinely takes the time to understand your family’s unique goals. He explained every step of the estate planning process clearly and designed a thoughtful strategy tailored to our needs. If you’re looking for an attorney who truly cares about protecting your family’s legacy with modern, sophisticated planning, I highly recommend Stuart Green Law.
Posted on Google Google
Mark Valentino profile picture
Mark Valentino
133 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I spent a lot of time researching estate planning attorneys before finding Stuart Green Law, and I couldn’t be more impressed. Stuart has an incredible ability to explain complex topics like South Dakota Trusts in a way that actually makes sense. He takes the time to answer questions, never makes you feel rushed, and genuinely cares about helping clients make informed decisions. If you’re looking for an experienced estate planning attorney, I highly recommend Stuart Green Law.
Posted on Google Google
Angélique Green profile picture
Angélique Green
159 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Stuart Green is incredibly knowledgeable and clearly operates at a very high level. His approach to estate planning and wealth strategy is thoughtful, modern, and well beyond the traditional. You can tell he genuinely cares about helping people protect what they’ve built. Truly impressive work and reputation.
Posted on Google Google
Maria Cardenas Anderson profile picture
Maria Cardenas Anderson
600 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had an excellent experience working with Stuart Green on my trust and will documents. From start to finish, he was incredibly responsive, patient, and thorough. He took the time to explain everything clearly, ensuring I fully understood each step of the process. Even after the trust was complete, he guided me on what still needed to be done — something I really appreciated. Stuart’s professionalism and kind demeanor made what could have been an overwhelming experience so much easier. I felt informed and supported every step of the way. I would highly recommend him to anyone looking for a knowledgeable and attentive probate lawyer. Thank you, Stuart!
Posted on Google Google
Chris Stinson profile picture
Chris Stinson
608 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Stuart Green is an exceptional estate attorney. He handled my father's living will and then his estate after his passing, as well as helping my mother finalize and complete her estate in conjunction with my father's death. Currently, he is handling the living will and estate planning for me and my wife and our family. I highly recommend him and his integrity of work.
Posted on Google Google
Alejandra profile picture
Alejandra
609 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
My experience with Stuart Green Law was a 10/10. They were professional and efficient, resolving my case quickly. I highly recommend them!
Posted on Google Google
Joseph Marchetti profile picture
Joseph Marchetti
777 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great guy - honest businessman. Has been very helpful for me in providing feedback and input from a law perspective on employment and legal agreements in my personal and professional life. Would heartily recommend Stuart to others!
Posted on Google Google
Will Desrochers profile picture
Will Desrochers
790 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I have worked with Mr. Green for awhile now and can't recommend him highly enough. He is professional and and timely with his responses to my questions. I really appreciate how he helps me understand the plan for my estate. I look forward to continuing to work with him.
Posted on Google Google
Chuma profile picture
Chuma
904 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I’ve learned a great deal from Stuart on the foundational aspects of estate planning, legacy planning and asset protection. Having had the privilege to work alongside Stuart, I can also say that he is a top tier counselor and focused on aligning his client’s personal goals with their long term objectives and wishes.
View All

Start the Conversation

Whether you’re evaluating an existing estate plan or exploring sophisticated planning strategies for the first time, we’d welcome the opportunity to discuss your family’s long-term objectives.

Contact Us