Establishing a Trust in Mauritius: Structure, Tax, and Practical Guidance

A trust is one of the most versatile private wealth instruments available. Mauritius, under the Trusts Act 2001 (as amended), offers a robust, internationally recognised trust regime combining common law flexibility with tax advantages. TYPES OF TRUST • Discretionary Trust: trustee has discretion over distributions — most commonly used for family wealth structures • Fixed Interest Trust: each beneficiary has a defined, fixed entitlement • Purpose Trust: established for a non-charitable purpose; a Protector or Enforcer oversees the purpose • Charitable Trust: for charitable purposes • Blind Trust: manages conflicts of interest DURATION AND TRUSTEE REQUIREMENTS Mauritius trusts can last up to 99 years. Professional trustees must be licensed by the Financial Services Commission (FSC) Mauritius. THE PROTECTOR While not legally required, a Protector is strongly recommended — can appoint or remove trustees, consent to key decisions, and provides independent oversight. TAX TREATMENT A Mauritius trust is exempt from income tax if all beneficiaries are non-resident and all income derives from non-Mauritius sources. 0% income tax. No capital gains tax. No withholding tax on distributions to non-resident beneficiaries. ANTI-FORCED HEIRSHIP FIREWALL Section 17 of the Trusts Act provides that Mauritius courts will not recognise or enforce foreign judgments seeking to apply forced heirship rules to trust assets — decisive for internationally mobile families. SETUP TIMELINE 3–6 weeks from instruction to executed trust deed. HOW MARENSA ASSISTS Structural advice, trustee introductions, trust deed coordination, GBC integration, banking setup, CRS/FATCA analysis, and ongoing governance support. Contact us to discuss your specific requirements.