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AcuFin

Comparison

Trust vs Foundation

Trusts and Foundations are both asset-protection vehicles, but they differ in legal structure, governance and适用 scenarios.

Key differences

Legal personality

Trust

No (trustee holds legal title)

Foundation

Yes (separate legal entity)

Tax residency

Trust

Tax treatment depends on residence, source and nature of income. A non-resident trust is generally taxable in Mauritius on chargeable income attributable to Mauritius-source income. Partial exemptions may be available on qualifying income subject to statutory conditions.

Foundation

Tax treatment depends on residence, source and nature of income. A non-resident foundation is generally taxable in Mauritius on chargeable income attributable to Mauritius-source income. Partial exemptions may be available on qualifying income subject to statutory conditions.

Treaty access

Trust

No (trust itself is not a taxable entity)

Foundation

No (foundation itself is not treaty-eligible)

Governance

Trust

Trustee holds legal title; beneficiaries hold equitable interests

Foundation

Council administers for beneficiaries; founder endows assets

Directors / council

Trust

N/A — governed by trustee

Foundation

≥1 Mauritius-resident council member

Minimum capital

Trust

No minimum (settlor settles assets)

Foundation

No statutory minimum (founder endows assets)

Audit

Trust

Not required (trustee accounting obligations)

Foundation

Not required (council accounting obligations)

Registration

Trust

Not registered; details not publicly available

Foundation

Registered with Registrar; FATCA/CRS classification applies

Governing document

Trust

Trust deed

Foundation

Charter and regulations

Term

Trust

Up to 99 years (Mauritius)

Foundation

Indefinite or fixed

Privacy

Trust

Not on public register; beneficial-ownership held with FSC

Foundation

Registered with Registrar; less private than trust

Typical uses

Trust

Succession, wealth structuring, asset protection, family office

Foundation

Civil-law wealth structures, succession, philanthropy, family-business holding

Setup time

Trust

2–4 weeks

Foundation

4–6 weeks

Ongoing complexity

Trust

Low to moderate — trustee duties, deed maintenance, FATCA/CRS

Foundation

Low to moderate — council governance, charter maintenance, FATCA/CRS

When to choose a Trust

You need flexible discretionary control

A Trust is a relationship where the trustee holds legal title to assets for the benefit of beneficiaries. It offers maximum flexibility in discretionary distributions.

Trusts are governed by the Trusts Act 2001 in Mauritius. The settlor can retain power through a letter of wishes while keeping assets ring-fenced from creditors.

Trusts are suitable for wealth planning, asset protection, and cross-border succession where flexibility is paramount.

When to choose a Foundation

You need a separate legal entity

A Foundation is a separate legal entity with its own personality, governed by the Foundations Act 2012. It holds assets in its own name rather than through a trustee.

Foundations offer a civil-law alternative to trusts, with a council structure and registered agent. They are preferred in jurisdictions that do not recognise trusts.

Foundations are suitable for charitable purposes, family wealth structures, and situations where a corporate-style governance is preferred.

At a glance

Governance

Trust: Trustee manages assets with settlor oversight. Foundation: Council governs the entity with its own legal personality.

Cost to run

Trusts have lower setup costs but ongoing trustee fees. Foundations have slightly higher setup costs but may have lower ongoing costs depending on structure.

Asset protection

Both offer asset protection, but Foundation assets are held in the entity's own name, which may provide stronger protection in some civil-law jurisdictions.

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Discuss your structure

Tell us about your objectives and we'll recommend the right structure for your cross-border needs.