Trust Funds and Foundations
Avoid Costly Tax and Structuring Mistakes
A trust fund or a foundation are effective tools for transferring assets and securing a long-term purpose. However, if set up incorrectly, they can cost you millions in tax expenses, expose your assets to risks, and even lead to invalidity. This article shows how to avoid common mistakes and how to choose a structure that truly protects your wealth without unnecessary payments to the state.

A trust fund and a foundation (or a foundation fund) are not alternatives, but fundamentally different legal instruments with different tax effects, liability and control. Choosing one over the other can cost you millions. A trust fund is not a legal entity.
Incorrectly setting up a fund or foundation will deprive you of potential tax benefits. A trustee may be personally liable for damage, and the tax authorities often challenge the purpose and economic rationale of such structures.
Without clearly defined rights of the settlor or a supervisory person, you may lose influence over the use of your own wealth. At the same time, you may not even have the right to know how it is being handled.
The attorneys at ARROWS, a Prague-based law firm, can set up a structure that protects assets, meets all tax obligations, and provides you with legal certainty vis-à-vis regulators and any future disputes among heirs.
What a trust fund is and what a foundation (or a foundation fund) is – and why they should not be confused
Many owners of family businesses and assets order “something” to protect their position without being aware of the fundamental differences between the instruments they choose. This ambiguity later comes back as an expensive legal problem.
A trust fund (known in Anglo-Saxon law as a trust) is a legal institute, not a legal entity. It is purpose-defined property that the settlor has separated from their ownership and entrusted to a trustee to manage and administer for the benefit of a beneficiary or for a specific purpose. In the trust deed, the settlor may retain the right to supervise its administration, or appoint a supervisory body.
A foundation and a foundation fund are legal entities established for a specific purpose. They differ mainly in whether their original assets must be preserved.
A foundation is a legal entity established to support public-benefit objectives with assets (foundation capital) that must be preserved permanently. It is subject to strict state supervision and its purpose is difficult to change.
A foundation fund is a legal entity established to support public-benefit or socially useful objectives, whose assets do not have to be preserved and may be spent for the stated purpose. It is subject to less supervision than a foundation and is more flexible.
In a trust fund, assets can be withdrawn later if the trust deed allows it. By contributing assets to a foundation or a foundation fund, you effectively give them up and the assets become the property of that legal entity.
You can tailor a trust fund to a family scenario with a high degree of flexibility. Foundations and foundation funds are subject to stricter legal formalities and state supervision.
They also differ for tax purposes: a trust fund is itself a corporate income tax payer (19% rate as of 2026) under Czech law. Foundations and foundation funds are also corporate income tax payers, and specific tax regimes apply to public-benefit taxpayers.
For example, if an entrepreneur orders a “foundation” to “prepare assets for the children” but in the meantime still wants to control how the assets are handled, they may end up with a structure that may not uphold the creator’s will in court and that also breaches the foundation’s purpose (declared as charitable upon registration), or they expose themselves to the risk of being challenged by the tax authorities. For this purpose, a trust fund is typically more suitable, or a foundation fund with an appropriately defined purpose.
During client consultations, the attorneys at ARROWS, a Prague-based law firm, identify these pitfalls and help you determine whether a trust fund, a foundation, a foundation fund, or possibly a combination is a better fit for you – and how to set them up so they work in practice.
When should you put assets into a fund or foundation at all? Practical reasons and tax opportunities
Establishing a trust fund or a foundation/foundation fund is not an automatic solution for every owner. Most often, it makes sense in these situations:
If you have two or more children and want to avoid a situation where, after your death, siblings divide the assets through court disputes, a trust fund is an effective tool. Assets in it are not part of the settlor’s estate.
Assets in a trust fund (if properly structured and not contributed with the intent to prejudice creditors) are generally not included in enforcement proceedings against the settlor or the trustee personally. Creditors cannot claim the fund’s assets; they can only claim the settlor’s or beneficiary’s rights against the fund (if such rights exist). However, this works only with correct legal structuring and compliance with Czech legislation.
Long-term investing and deferring taxation of profits at the beneficiary level is another advantage. A trust fund is a corporate income tax payer (19% rate as of 2026). If the fund reinvests profits back and does not distribute them as income to beneficiaries, it allows taxation of these profits to be deferred at the beneficiaries’ personal level.
An example is a family owning a property with a tenant paying rent of CZK 500,000 per year. If a trust fund manages it, it will pay corporate income tax on it (approx. 19%, i.e. CZK 95,000).
If the property were owned by an individual and they were in the 15% personal income tax bracket, they would pay CZK 75,000. If they were in the 23% personal income tax bracket, they would pay CZK 115,000. In such a case, tax savings may arise for beneficiaries if they would otherwise have to tax the income at the higher personal income tax rate and the fund reinvests the profits.
If you own a business that you want to finance long-term from profits (e.g., for employee education or for public benefit), a foundation or a foundation fund enables this in a structured way. This helps you avoid personal liability for handling these funds.
In all these situations, the correct legal form, tax setup and alignment with the purpose play a key role. Otherwise, your attempt at “protection” will backfire.
Typical legal risks: what happens if you do not have the right legal structure
Many entrepreneurs set up “their” funds without proper registration in the Register of Trust Funds or without a clear legal record of their existence. A trust fund is created by entering into an agreement or by a disposition upon death and becomes effective on the date of entry in the Register of Trust Funds, which is maintained by the regional courts in the Czech Republic.
If the fund is not properly registered, it does not legally exist and the assets are considered your personal property. The result? Potential additional taxation, penalties, and no asset protection.
The trustee is obliged to manage the assets with due managerial care. If the trustee is an individual (or a legal entity that is not properly insured) and the fund is affected by a disputed transaction—such as purchasing real estate at a clearly inflated price—the trustee may be sued personally for breach of their duties.
If the fund did not have sufficient resources to compensate the damage, the court may seek payment from the trustee’s personal assets. Without trustee liability insurance, this may mean financial ruin.
A foundation is registered with a fixed public-benefit purpose (e.g., “to finance education in the field of law”). If the business environment later changes and the purpose no longer makes sense or becomes impossible to fulfil, the foundation cannot be dissolved or changed without a court decision.
As a rule, the court permits this only under very strict conditions, because a foundation is intended to be permanent and independent. The assets remain “frozen” in a purpose that no longer benefits anyone. For greater flexibility, an endowment fund is often more suitable.
Example: You establish a foundation on paper, but in practice you manage it as your own property, use its funds for personal expenses, or hire your own company without market-based pricing. When an inspection takes place, it finds that this is an abuse of law or a lack of economic substance and that the foundation does not operate independently.
The result is additional taxation, penalties, and it may even lead to the invalidation of tax benefits or the trust fund’s existence being challenged for tax purposes.
Risk table
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Possible issues |
How ARROWS helps (consultation@arws.cz) |
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Incorrect legal setup of a trust fund, foundation, or endowment fund – not registered or missing key documents |
The attorneys at ARROWS, a Prague-based law firm, will ensure proper registration and prepare a legally flawless deed of trust (for a trust fund) or the foundation deed and bylaws (for a foundation/endowment fund). These documents meet all tax and legal requirements and ensure registration in the relevant register. |
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Incorrect tax treatment of contributing assets to the fund – uncertainty as to whether it is taxable income |
ARROWS, a Prague-based law firm, will prepare a legal and tax opinion on the tax treatment of your case, including all material aspects, so that the tax liability is clear and optimal. |
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The trustee does not have clearly defined powers or is personally liable for asset movements – risk of enforcement against their assets |
The attorneys at ARROWS, a Prague-based law firm, will prepare a detailed trust deed defining the trustee’s powers, limiting their liability, and will recommend appropriate insurance in case of error or damage. |
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The tax office or inspectors suspect that the fund is “fictitious” or that it is effectively controlled by the settlor/beneficiary |
The attorneys at ARROWS, a Prague-based law firm, defend the fund before the Czech tax administration authorities, provide expert legal opinions on the structure’s independence, and represent you in administrative proceedings or court disputes. |
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A foundation has a fixed purpose that becomes dysfunctional over time – no way to change it |
The attorneys at ARROWS, a Prague-based law firm, will help conduct court proceedings to change the foundation’s purpose (if legally possible and justifiable) or structure a trust fund/endowment fund so that it has a more flexible purpose and can adapt over time. |
How to set up a fund correctly: practical steps and legal details
We assume you have decided that a trust fund or a foundation/endowment fund is suitable for you. What is the next step?
Step 1: Choose the legal form
The most commonly used forms in the Czech Republic:
A trust fund is a pool of assets without legal personality, managed by a trustee for a specified purpose or for the benefit of beneficiaries. It is created by an agreement or a disposition upon death, which must be executed in the form of a notarial deed, and becomes effective on the date of entry in the Register of Trust Funds (maintained by the regional courts).
A foundation and an endowment fund are legal entities. A foundation must permanently preserve the endowment capital and serve a public-benefit purpose. An endowment fund is more flexible; its assets do not have to be preserved and it may serve a public-benefit or socially beneficial purpose. They are established by a foundation deed or a disposition upon death and come into existence on the date of entry in the register of foundations and endowment funds.
Many owners, for example, establish a trust fund that subsequently holds interests in commercial companies (s.r.o. or a.s.), or they establish an endowment fund that is financed from the income of the trust fund.
The attorneys at ARROWS, a Prague-based law firm, will help you choose the right combination for your situation and tax objectives.
Step 2: Prepare the trust deed or the foundation deed and bylaws
For a trust fund, a trust deed is prepared, which must contain the following requirements:
- Name of the trust fund.
- Definition of the assets that make up the trust fund upon its establishment.
- Identification of the beneficiary, or the method by which the beneficiary will be determined.
- Duration of the trust fund.
- Purpose of the trust fund.
- Conditions for distributions to the beneficiary.
- Rights and obligations of the trustee and any supervisory person.
- Rules for termination of the trust fund.
For a foundation or a foundation fund, a deed of foundation (or a disposition upon death) and bylaws are prepared.The bylaws must include the following points:
- Name and registered office.
- Purpose of the foundation/foundation fund.
- Amount of the foundation capital (for a foundation), or other definition of the assets.
- Rules for the creation and use of assets.
- Bodies of the foundation/foundation fund and their powers.
- Procedures for amendments to the bylaws and dissolution.
Without these documents, or if they contain errors, a trust fund, foundation, or foundation fund becomes a legally and tax-uncertain structure under Czech law. Such a structure can be challenged by anyone, including the Czech tax authorities.
Step 3: Registration and reporting
A trust fund is registered in the Register of Trust Funds with the competent Regional Court in the Czech Republic. Foundations and foundation funds are registered in the Register of Foundations and Foundation Funds with the competent Regional Court.
It is crucial that the registration is carried out properly. Although the contribution of assets to a trust fund itself is not subject to tax, the Czech tax authorities expect the structure to be transparent and properly established.
Owners often think it is enough to “mention the fund” or write a statute. Without registration and proper setup, however, it does not exist as a legal structure or is legally defective. Then you are building on sand.
Step 4: Tax reporting and administration
A trust fund, a foundation and a foundation fund, as corporate income tax payers, must file a tax return. The trustee or the statutory body of the foundation/foundation fund must ensure that income is properly recorded and that all obligations towards the Czech tax authorities are fulfilled.
In addition, foundations and foundation funds have a duty of public reporting on their financial management and use of assets (annual report). This protects their public nature and transparency.
The attorneys from ARROWS, a Prague-based law firm, will prepare opinions on tax obligations and help with the preparation of filings so that all documentation is in order.
Tax tricks and common mistakes: what to do correctly
Mistake 1: Contributing too many assets at once
If one day you contribute assets worth CZK 50 million to the fund, it is noticeable. The Czech tax authorities ask: “Where did those assets come from? Was tax paid on them?”
If the origin of the assets is unclear, an audit may start investigating your personal income tax for previous years. It is better to have clear documentation of the origin and taxation of the assets before contributing them to the fund.
Mistake 2: Keeping factual contact with the assets and still “actually” using them
Example: You established a trust fund or a foundation fund for real estate, but you still live in it or rent it out without a proper lease agreement and payment of market rent. The Czech tax authorities see that the fund holds the asset, but in practice you control it.
This may be assessed as an abuse of law or a lack of economic substance, leading to the risk of challenge and additional taxation. Properly, you should enter into a lease or use agreement with the fund and pay it a market price for it.
Mistake 3: Not monitoring the tax obligations of the fund or foundation
A trust fund, foundation or foundation fund as a legal entity (for tax purposes) must file a tax return, VAT returns (if registered) and other income-related filings.
If you neglect these obligations, you risk a tax audit and additional taxation together with penalties and late-payment interest.
Correct approach: Documentation and transparency
All steps leading to the establishment of a trust fund, foundation or foundation fund should be properly documented. This includes the trust fund deed in the form of a notarial deed, the deed of foundation and the bylaws of the foundation/foundation fund, proper registration, filings with the Czech tax authorities, and bookkeeping.
If an audit occurs, everything must be transparent and verifiable. The attorneys at ARROWS, a Prague-based law firm, will ensure that all documentation is completed and filed correctly.
Foundation situation: what to do when the stated purpose becomes unworkable
A foundation is established for a specific public-benefit purpose, e.g. “to fund education in architecture”. After twenty years, however, architecture is no longer popular and the foundation has no one to distribute its money to. Can it be dissolved?
Under Czech law, a foundation may be dissolved only in the following cases:
- By a court decision (e.g. upon a motion by the authority exercising state supervision, if the purpose has become permanently unattainable or unlawful, or if the foundation does not meet the statutory requirements).
- Automatically, if the foundation permanently fails to fulfil its purpose, or if its endowment capital falls below CZK 500,000 and is not restored.
- Dissolution by the founder (or by agreement of the founders) is possible only in the case of an endowment fund, if the founders reserved such a right in the deed of foundation and only for a limited period after its establishment (max. 3 years).
Not even the founder can dissolve a foundation after a certain period simply because they no longer feel like it. It is precisely this “permanence” and independence that a foundation guarantees.
An exception is the so-called change of the foundation’s purpose. This may be requested from the court if the original purpose is no longer feasible, the social or economic situation has changed completely, or if the purpose has become manifestly inappropriate.
The court may then allow the change, but it is not guaranteed – and the legal proceedings can be lengthy.
That is why, for many owners, it is better to choose a trust fund or an endowment fund instead of a foundation if they are not sure about the long-term purpose. A trust fund and an endowment fund can be adapted more easily. The attorneys of ARROWS, a Prague-based law firm, can help you decide which form is safer for you.
International aspects: if you own assets abroad
If you have assets abroad (real estate in Germany, accounts in Liechtenstein, a company in Italy), would a trust fund bring any advantage?
The answer is complex and depends on tax treaties between states and the legal systems of the countries concerned.
In the European Union, cross-border administration of assets is facilitated, for example, by Regulation (EU) 2018/1807 on the recognition of public documents. In addition, EU anti-money laundering (AML) directives require the registration of beneficial owners of trust funds and similar structures in national registers (in the Czech Republic, in the Register of Beneficial Owners).
This improves transparency and facilitates communication between EU Member States regarding these structures. International recognition of trust funds is also supported by the Hague Convention on the Law Applicable to Trusts and on their Recognition, although the Czech Republic has not acceded to it.
Outside the EU (e.g. Switzerland, the USA), bilateral tax treaties and international information-exchange agreements apply. Structuring assets there therefore requires specific legal knowledge of the particular jurisdictions.
The attorneys of ARROWS, a Prague-based law firm, if acting through the ARROWS International network, can also consult with partners in foreign legal systems. They will ensure that the international element of your structure is set up correctly and does not unnecessarily burden you with additional tax obligations.
Final summary
A trust fund, a foundation and an endowment fund are powerful tools for protecting family assets and transferring them in an orderly manner. But if set up incorrectly, instead of protection they will bring you legal uncertainty, tax issues and unnecessary costs.
Choose the right form depending on whether you want to withdraw the assets later (trust fund) or “give them up” forever for the benefit of a defined purpose (foundation/endowment fund). Remember that a trust fund is not a legal entity.
Ensure proper legal documentation. This includes the trust fund statute in the form of a notarial deed, the deed of foundation and the bylaws for a foundation/endowment fund. Also important are clearly defined rights of the founder, the beneficiary and the trustee or statutory bodies.
Register the fund or the foundation/endowment fund properly in the relevant public register and file tax reports. Without registration and proper setup, these are just papers without legal force.
Monitor tax obligations on an ongoing basis. Trust funds, foundations and endowment funds must file returns and reports like any other corporate income tax payer.
Verify that the assets are actually transferred into the fund properly and that you do not “in fact” retain them.The tax authorities will recognise this and assess additional tax on you.
If you are not sure about the individual steps or are concerned whether your current structure will withstand a tax audit, it is safer to address it with experts. The attorneys of ARROWS, a Prague-based law firm, focus precisely on these complex structures.
They can not only advise you, but also ensure that your structure not only works in practice, but also passes an inspection without issues. Contact them at consultation@arws.cz – the first consultation will help you understand whether your assets are truly protected correctly.
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- How to Set Up a Czech Foundation with a Dual Structure (Governance + Strategy)
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- Taxation of Business Interest Transfers in the Czech Republic in 2026
- How to Protect Yourself as a Company Executive in Czechia (Before It’s Too Late)
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Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.
