新华财经北京11月26日电日前，北京市税收法制建设研究会主办的"北京市残疾人、老年人特殊需要信 托税收政策研究"研讨暨结题会在京举行。 会议由北京税收法制建设研究会副会长韩春主持，来自国家税务总局、北京市法学会、中国政法大学、 中国人民大学、北京工商大学、中国残联和老龄研究组织以及来自信托公司、税务师事务所等单位的专 业人士齐聚一堂，共同探讨如何通过税收政策的优化设计，为特殊需要信托的发展扫清障碍，让这一金 融工具真正成为破解"以老养残"家庭世纪难题的"金钥匙"。 特殊需要信托：从富人理财到普惠保障 北京税收法制建设研究会会长沈永奇在开幕致辞中指出，近年来，国家高度重视残疾人、老年人等特殊 需要群体的权益保障与民生服务。 中国政法大学财税法研究中心主任施正文指出，当前社会对信托存在三大认知误区："信托是舶来 品"、"信托是富人的财富管理方式"、"信托是金融工具、避税工具"。这些认识有失偏颇，制约了制度 发展。实际上，信托的基本原理和方法已在实践中广泛运用，如理财产品等。"财富积累的目的不仅限 于对财产所有权的宣示，而是要让财产能够高效运转、实现目的。"施正文强调。 "在这些特殊群体中，'以老养残'家庭的困境更 ...

2025.11.24 本文字数：3224，阅读时长大约5分钟 作者 |第一财经 吴斯旻 即将进入耄耋之年，家住北京的李奶奶却没有办法独立考虑自己的养老问题。78岁的她长年独自照顾两 名心智障碍者——40岁的女儿和她年仅15岁的外孙女。随着自己的身体每况愈下，李奶奶开始考虑自己 的积蓄能否兼顾自身养老和儿孙监护。 李奶奶一家三口所面临的托付难题，也是大龄心智障碍家庭所面临的共同挑战。 在中国，心智障碍群体约有1200万~2000万人，其中孤独症谱系人群约为1400万人。目前，社会公共服 务和政府财政对于这类群体的支持往往聚焦于学龄前和义务教育阶段，当他们进入成年阶段而家长步入 老年期时，家庭照护则面临"支持断层"。 近年来，以特殊需要信托（下称"特需信托"）为代表的金融业务逐渐发展，成为解决大龄心智障碍群体 照护的创新工具。今年，在北京、上海等多地，不动产信托财产登记试点相继落地，意味着房产等非资 金资产可通过进入信托，成为心智障碍者未来托付的保障。 北京市晓更助残基金会近日发布的《心智障碍者家庭现状与未来托付需求调研》（下称"调研"）显示， 家长为心智障碍人士未来生活预算的费用平均为123万元，预计可维持平均 ...

Core Viewpoint - The article discusses the challenges faced by families with mentally disabled members in China, particularly regarding the establishment of special needs trusts as a financial tool for future care and support [4][5]. Group 1: Current Situation of Families with Mentally Disabled Members - There are approximately 12 to 20 million individuals with mental disabilities in China, with around 14 million diagnosed with autism spectrum disorders [4]. - Many families, like that of 78-year-old Li, struggle to balance their own aging and health issues while caring for mentally disabled children and grandchildren [3][4]. - The average budget for the future care of mentally disabled individuals is estimated at 1.23 million yuan, which is expected to last for about 15 years [4]. Group 2: Development of Special Needs Trusts - Special needs trusts have gained traction as a financial solution for families with mentally disabled members, with awareness reaching 61% among relevant families [4]. - In less than three years, 133 parents have established special needs trusts, indicating a growing interest in this financial tool [4]. - The introduction of real estate trust property registration in cities like Beijing and Shanghai marks a significant step in allowing non-cash assets to be included in trusts [4][15]. Group 3: Challenges in Establishing Special Needs Trusts - The supply side faces challenges such as low profitability for trust service providers and complex processes for asset registration and liquidation [5]. - On the demand side, families encounter difficulties in finding reliable guardians, high financial thresholds, and a lack of suitable service systems [5][12]. - Many families report that they cannot find suitable relatives to act as guardians, with 39% indicating a lack of trustworthy individuals to manage their child's care and finances [10]. Group 4: Financial Barriers and Recommendations - The starting capital for special needs trusts is often above 300,000 yuan, which is a barrier for many families, especially those with lower incomes [12]. - The average monthly expenditure for families with mentally disabled members is around 5,871 yuan, with 43% of that spent on the care of the disabled individual [12]. - Recommendations include considering non-cash assets like real estate for inclusion in special needs trusts to broaden access for families [14][15]. Group 5: Legal and Taxation Issues - The lack of standardized regulations for special needs trusts creates uncertainty for families regarding the management and protection of their assets [7][11]. - Tax burdens associated with transferring real estate into trusts can be prohibitively high, potentially discouraging families from utilizing this option [16]. - Suggestions have been made to exempt certain taxes on trust property transfers to make special needs trusts more accessible for families with significant real estate assets [16].

Core Insights - The event "Respect for the Elderly: Financial Elderly Care and Intended Guardianship" focused on the innovative financial legal tool of "special needs trust" [1][2] - The introduction of the first national case of real estate trust in Tongzhou District aims to enhance the quality of life for vulnerable groups, particularly the elderly and disabled [1] - The collaborative model of "finance + law + united front" is seen as a replicable solution to the challenges of elderly care and assistance in society [2] Group 1 - The event highlighted the importance of "special needs trust" as a financial tool for asset protection and stable cash flow for beneficiaries [1] - The presentation by Dr. Lin Wei emphasized the role of real estate in trust structures to ensure long-term care for individuals with disabilities [1] - Experts from various organizations provided insights on legal practices and financial operations related to intended guardianship and special needs trusts [1] Group 2 - The initiative is viewed as a model for high-quality development aimed at improving and safeguarding people's livelihoods [2] - The collaborative approach is intended to address the societal challenges of elderly care and assistance effectively [2]

Core Insights - Zhongcheng Trust has successfully established its first special needs trust tailored for families with mental disabilities in the Guangdong-Hong Kong-Macao Greater Bay Area, marking a new phase in providing wealth protection and care services for special groups [1][2] - The trust was initiated by the mother of a child with autism, highlighting the concerns of parents of mentally disabled children regarding long-term care and support after their passing [1] - The trust combines insurance and trust mechanisms to ensure stable living support and professional rehabilitation services for children with autism, even after their parents become incapacitated or pass away [2] Summary by Sections Establishment of Special Needs Trust - In April 2023, Zhongcheng Trust launched the "Caring for Stars" special needs trust, aimed at families with members suffering from intellectual disabilities, Down syndrome, and autism spectrum disorders [2] - The trust provides a comprehensive solution through a legal framework that integrates trust, insurance, and third-party service providers [2] Key Features of the Trust - The trust emphasizes three core functions: asset independence, designated use of funds, and continuous payment, ensuring that children with autism receive ongoing support and services [2] - The initiative reflects Zhongcheng Trust's commitment to social responsibility and its role in enhancing the trust service system for special needs families [2] Future Directions - Zhongcheng Trust plans to further integrate trust systems with public welfare services, exploring more professional and sustainable service models to build a comprehensive support system for special groups [3]

Group 1 - The core issue of anxiety regarding care for mentally disabled individuals and elderly without children is becoming a pressing social problem in China, with over 85 million disabled individuals and approximately 12 to 20 million with mental disabilities [1] - The number of elderly individuals over 60 without children is about 12.5 million, projected to increase to 31 million by 2035 [1] Group 2 - The exploration of special needs trusts offers a viable solution to address these social issues [2] - In Jiangsu, several trust institutions have initiated unique products and service models, with the first special needs trust contract signed in Wuxi, marking a significant step in this area [3] - The operation model of "trust bridging and government backing" is essential for building a comprehensive service and support system for families with special needs [3][4] Group 3 - Jiangsu Trust has launched a 2.0 upgraded version of special needs trust, focusing on providing robust support for elderly individuals with special needs [3][4] - The exploration in the special needs trust sector has two main features: integrating resources from finance, law, notarization, charity, and care, and connecting with civil tools like guardianship and insurance for comprehensive lifecycle care [4] - If 5% of the estimated 12 to 20 million mentally disabled individuals establish special needs trusts, it could potentially benefit 600,000 to 1 million people [4]

Core Insights - The establishment of special needs trusts provides a solution for families with disabled members, ensuring financial security and care for their loved ones as parents age [1][2] - Special needs trusts offer a comprehensive approach by integrating financial management, personal guardianship, and life care services, addressing the unique challenges faced by these families [1][2] Group 1: Special Needs Trusts - Special needs trusts are designed to manage assets for families with disabled members, allowing for professional management of funds while ensuring the well-being of the disabled individual [1] - The trust structure separates responsibilities among the trustee, guardian, and supervisor, enhancing accountability and oversight [1] Group 2: Financial and Social Impact - The trust model prevents the misappropriation of funds by ensuring that payments are made directly to designated service providers, thus safeguarding the assets of vulnerable individuals [2] - Special needs trusts contribute to social equity and humanistic care, providing a sustainable solution for elderly care in an aging society [2] Group 3: Systemic Innovations - Shanghai has initiated a pilot program for real estate trust registration, with an average property asset of 6.748 million yuan per household among families with mental disabilities [3] - A comprehensive solution has been developed based on research from 934 disabled families, integrating trust structures with professional services and social collaboration [3]

Core Viewpoint - The establishment of special needs trusts is a significant development aimed at providing long-term support for individuals with disabilities, addressing concerns of their families regarding care and financial security after their passing [1][3][4]. Group 1: Special Needs Trusts - Special needs trusts are designed to meet the living needs of individuals with disabilities, offering support in areas such as daily care, education, employment, and medical rehabilitation [3]. - The unique characteristics of special needs trusts include property independence, specific purposes for trust assets, and the fiduciary duties of trustees, which enhance their appeal to families of individuals with disabilities [4]. Group 2: Implementation and Impact - The first successful implementation of real estate trust property registration in Beijing's Tongzhou District marks a significant breakthrough, providing a new pathway for financial services in the welfare sector and offering hope to families with special needs [6]. - The case of a 70-year-old mother establishing a real estate trust for her 40-year-old son with autism illustrates the practical application of these trusts, ensuring housing and lifelong care funding [5][7]. - The pilot program addresses two critical issues: legally designating the property as trust assets and allowing property transfer without cash transactions, thereby reducing costs and time for establishing trusts [7].

Core Insights - The article discusses the establishment and significance of special needs trusts in China, emphasizing their role in providing financial security and support for individuals with disabilities and their families [1][2][5] - It highlights the challenges faced by families in understanding and accessing trust services, as well as the need for collaboration among government, social organizations, and financial institutions to create a comprehensive support system [7][8][9] Group 1: Special Needs Trust Overview - Special needs trusts are designed for vulnerable populations, including minors, individuals with mental disabilities, and elderly persons who cannot care for themselves [1][2] - The trust service aims to meet the specific needs of these individuals, providing a structured financial solution that integrates with existing social security systems [1][5] Group 2: Market Development and Challenges - As of the end of 2023, 13 trust companies have engaged in special needs trust services, with a total scale of 165 million yuan [3] - The development of special needs trusts is still in its early stages, with only about 20 companies currently offering such services [3][4] - Families often face difficulties in understanding trust mechanisms, necessitating educational outreach and support from trust professionals [2][6] Group 3: Case Studies and Practical Applications - A notable case involved an elderly woman in Shanghai who established a special needs trust to secure her property and ensure its transfer to her nephew, demonstrating the practical benefits of such trusts [3][4] - The article presents various innovative models, such as combining insurance with trust services to provide ongoing financial support for individuals with disabilities [6] Group 4: Collaborative Efforts and Future Directions - The article calls for a multi-faceted approach involving government, social organizations, and financial institutions to create a sustainable ecosystem for special needs trusts [7][8] - It emphasizes the importance of recognizing special needs trusts not merely as financial products but as essential legal structures that can address broader social issues [7][9]

Core Viewpoint - The establishment of the "Beijing Grand Canal Charity Trust" aims to provide sustainable support for families with special needs through real estate trusts, addressing the tax burdens associated with trust setup and enhancing the welfare of vulnerable groups in Beijing [1][2]. Group 1: Project Overview - The "Beijing Grand Canal Charity Trust" was established under the guidance of the Tongzhou District government and is managed by Huabao Trust, focusing on providing financial support for families with special needs [1]. - The project aims to subsidize the deed tax costs for eligible families in Beijing, with a maximum subsidy of 20,000 yuan per household, promoting the establishment of real estate trusts [1][2]. Group 2: Market Implications - The project represents an innovative model under the reform of trust business classification, combining lifelong care for special groups with charity trust structures [2]. - It addresses practical challenges such as deed tax, thereby lowering the costs for families setting up real estate trusts, and aims to create a sustainable financial solution for elderly care [2]. Group 3: Trust Mechanism - Unlike traditional charity trusts that focus on donation, this project utilizes the independent nature of trust assets to direct funds specifically for tax subsidies, creating a closed-loop mechanism of funding, establishment, and operation [2]. - The design of the project highlights the flexibility of trust tools, integrating various needs such as special needs trusts, real estate trusts, and charity trusts into a cohesive framework [2].