What is the difference between a trust and a corporation?

Trusts and corporations are two popular entities used in Maryland for both business and estate planning. The primary difference between a trust and a corporation is the manner in which they are taxed. A trust is a fiduciary relationship between a grantor and a trustee, in which the trustee holds and manages assets for the benefit of the grantor or the grantor’s beneficiaries. Trusts are not recognized as a separate taxable entity, but the income generated by the trust is taxed at the trust level. A corporation is a separate legal entity from its owners and shareholders, and is recognized as a taxable entity under Maryland inheritance law. The profits of a corporation are taxed at the corporate level, with owners and shareholders paying income tax on any distributions from the corporation. In addition to the tax implications, a trust can also offer more privacy than a corporation. A trust does not have to file any public records with the state, so it can remain more private than a corporation. With a corporation, the details of the business, including the names of the owners, must be filed with the state and are available to the public. Finally, trusts and corporations are different when it comes to the laws governing them. As a separate legal entity, a corporation is governed by laws established by the state, such as the Maryland Business Corporation Act. The laws governing trusts, on the other hand, are more flexible and are determined by the specifics of the trust agreement.

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