Il Trust interposto privo del requisito del possesso del reddito

Article of Andrea Vicari

Published on "Il Sole 24 Ore" of 19 November 2024 

The tax qualification of trusts calls indeed for a more rigorous analysis than that conducted so far by the tax authorities. 

I hereby offer a different perspective matching domestic tax regulations, with the governing law and the provisions of the trust deed.

A proper understanding of the protector’s role challenges those positions whereby the beneficiaries’ power to revoke the protector is per se sufficient to disregard the trust from a tax perspective.

As Italy position itself as target destination for HNWIs and UHNWIs, clarity in the tax treatment of trusts plays indeed a pivotal role.

"I hope this will contribute to the debate and to convincing progresses in the interpretation of the topic" commented the author of the article Andrea Vicari.