Trust Funds and Foundations: Avoid Costly Tax and Structuring Mistakes

JUDr. Jakub Dohnal, Ph.D., LL.M.
JUDr. Jakub Dohnal, Ph.D., LL.M.
15.4.2026 | ARROWS law firm

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.

The illustrative image shows a lawyer during a consultation on the proper structuring of a trust fund.

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.

Most common questions on the tax effects of a trust fund

1. If I contribute assets to the fund, is gift tax payable?
    A contribution of assets to a trust fund by the settlor is not subject to income tax pursuant to Section 4a(g) of Act No. 586/1992 Coll., on Income Taxes (Czech Republic). It is therefore not considered a gift subject to taxation. The contribution itself is income-tax neutral. However, it is necessary to have proper documentation on the origin of the assets to prevent challenges by the tax authorities. A documentation error here means a risk of penalties and additional taxation.

2. Does the trustee pay income tax on the trust fund’s assets instead of me?
    No. As of 1 January 2018, a trust fund is a separate corporate income tax payer under Section 17(1)(d) of the Income Taxes Act. The fund itself files the tax return and pays income tax on the income it generates (19% rate as of 2026). The trustee does not personally pay the fund’s income tax. If the fund makes distributions to beneficiaries, these distributions may, under certain conditions, also be tax-neutral for the beneficiary (Section 4a(g) or Section 6(9)(b) of the Income Taxes Act). However, incorrect structuring of the distribution terms may result in the distributions being treated as taxable income for the beneficiary.

3. What is the tax regime if I take a withdrawal back from the fund?
    If the settlor or a beneficiary withdraws a distribution from a trust fund, it is important to distinguish what type of distribution it is. A distribution from assets contributed to the fund by the settlor is generally exempt from income tax for the beneficiary (Section 4a(g) of the Income Taxes Act). This therefore concerns assets that were already once part of the settlor’s property. Distributions from profits generated by the fund that have already been taxed at the level of the fund (corporate income tax) are also exempt from income tax for the beneficiary, provided that the beneficiary is not a related party of the settlor and the distribution was made free of charge (Section 6(9)(b) of the Income Taxes Act for individuals or Section 19(1)(ze) for legal entities). However, it is crucial to have proper documentation and structuring so that the Czech tax authority does not assess the distribution as taxable income. The attorneys at ARROWS, a Prague-based law firm, will check that your documentation will stand up in the event of an audit.

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

Possible issues

How ARROWS helps (office@arws.cz)

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.

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.

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.

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.

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.

Most common questions about setting up control and influence over assets

1. If I put assets into a fund, can I still have a say in how they will be handled?
    Yes, but only if you clarify this in the legal documents, i.e., in the trust fund deed. You can retain the role of founder with a right of supervision or appoint a supervisory person whose consent is required for certain acts of the trustee. Without a formal definition, however, you will have zero influence and you will not even know what is happening with your assets. The attorneys at ARROWS, a Prague-based law firm, will help you negotiate an appropriate level of control.

2. Who takes care of the administration of the fund when the founder dies or becomes ill?
    This is determined by the trust fund deed or the deed of foundation and the bylaws of the foundation/foundation fund. Typically, a successor trustee is agreed or rules for their appointment are set. If this is not addressed, legal chaos may arise and the administration of the assets may be blocked. Therefore, it is important that succession is clearly set out and that the trustee is properly prepared and insured. ARROWS, a Prague-based law firm, can help you prepare a succession plan.

3. What are the trustee’s personal tax obligations?
    The trustee, as a natural or legal person, is not tax-liable for the income of the trust fund. This income is paid by the fund itself as a corporate income tax payer. However, the trustee has a duty of due administration, bookkeeping, and fulfilling tax obligations on behalf of the fund. If they breach their duties (e.g., failure to pay taxes or misappropriation of assets), they are personally liable for damages and, in serious cases, may face criminal liability under Czech law. The trustee should have liability insurance. ARROWS, a Prague-based law firm, can help you arrange it.

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 office@arws.cz – the first consultation will help you understand whether your assets are truly protected correctly.

 

FAQ: Most common questions on protecting family assets in a fund or foundation

1. Will something bad happen to me if I set up a fund myself, without a lawyer?
    High risk. Most often, the trust fund is not properly registered, the statute contains legal defects, or tax obligations are not met. When an inspection comes, or a family member dies and a dispute arises, you will find that the fund does not “exist” legally or is invalid. The assets are then dealt with as inheritance without the legal protection you thought you had. The attorneys of ARROWS, a Prague-based law firm, can negotiate a “remedial” document, but it is better to do it correctly from the start. Write to us at office@arws.cz.

2. How much money will I save on taxes if I put assets into a fund?
    It cannot be stated as a flat rule. It depends on the type of income (rent, interest, capital gains), the size of the contribution and the legal form. By way of illustration: If an individual has rental income of CZK 500,000 per year and falls into the 15% personal income tax rate, they will pay CZK 75,000. If this income were received by a trust fund, the fund would pay 19% corporate income tax, i.e. CZK 95,000. Tax savings therefore do not arise automatically at the fund level. Savings may, however, be achieved in connection with deferral of taxation for beneficiaries, reinvestment of profits, or in cases where the individual would be subject to the 23% personal income tax rate. The overall tax impact is complex and an individual analysis is necessary for a specific calculation. The attorneys of ARROWS, a Prague-based law firm, will prepare an individual calculation for you. Call office@arws.cz.

3. What happens if the trustee of the fund dies or resigns?
    If this is not addressed in the trust fund statute, the court may appoint a new trustee, or the fund will remain without management. A fund without a trustee is legally unworkable – assets cannot be sold, rent cannot be collected. There must be a successor prepared in advance or a clear rule on how the trustee will be selected. The attorneys of ARROWS, a Prague-based law firm, will prepare a succession plan for you and ensure it is clearly set out in the documents. Contact office@arws.cz.

4. Can my children dissolve the fund later and take the assets, or are they “frozen” in the fund?
    It depends on how you set up the trust fund in the deed. The deed may provide that the fund is established for a fixed term, after which the assets are to be distributed to the beneficiaries (e.g., the children), or it may set out the conditions for dissolving the fund and settling the assets. A trust fund typically offers greater flexibility for future asset management than a foundation. However, if it is a foundation, your heirs do not automatically have any right to dissolve it – a foundation exists in perpetuity and serves its purpose. The lawyers at ARROWS, a Prague-based law firm, will help you set up the structure so that there is the right balance between your personal control and asset security. Write to office@arws.cz.

5. Will the children pay tax when they withdraw money from the fund after I die?
    Distributions from the assets of a trust fund to a beneficiary (the children) are generally exempt from income tax, provided that the conditions under the Czech Income Taxes Act are met (§ 4a(g) or § 6(9)(b) of the Income Taxes Act). This means that the children should not pay tax on the received assets or profits if they have already been taxed at the level of the fund or if they constitute the originally contributed assets. The fund itself pays tax as a corporate income taxpayer. The specific tax solution is complex and individual. The attorneys at ARROWS, a Prague-based law firm, model various scenarios and will advise you on what is best for your family. Write to office@arws.cz.

6. How often do I need to communicate with the fund’s trustee or check what they are doing?
    This is determined by the trust fund deed. You can agree that the trustee submits a report monthly or quarterly. You can also stipulate that, without your consent (or the consent of a protector), they may not carry out major transactions. Without such arrangements, you may be in for a surprise – the trustee acts with due managerial care, but you will only learn about it from the annual report or the accounts. That is why it is important to have a clear deed. The lawyers at ARROWS, a Prague-based law firm, will help you prepare the deed. Write to office@arws.cz.

Notice: The information contained in this article is of a general informational nature only and is intended for basic guidance on the topic based on the legal situation as of 2026. Although we take the utmost care to ensure accuracy, legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client protection we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of regulations and their application to your specific situation, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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