The Business Trust is a common law entity formed in a written trust contract or agreement that has rights almost equal to a natural person. The trust has the ability to own property and conduct business like a natural person. Power over the trust is vested in independent trustees to manage and control property, capital, or businesses, for the use and benefit of the creators, beneficiaries, heirs, assigns, and/or successors. A business trust can:
• Avoid being subject to state corporation laws and regulations.
• Allow individuals to combine their resources to operate a business for profit.
• Avoid income or transfer (gift) taxes when placing assets into the trust.
• Avoid inheritance tax, estate tax, or probate administration and expenses.
• Enjoy the privacy of business affairs not becoming a matter of public record.
• Provide the needed flexibility in arranging lender financing.
• Insulate trust certificate holders from liability for debts incurred by the trust.