Even though there is no specific law for trusts in Italy, the country does recognize them thanks to The Hague Convention established in 1985.
First of all, let’s briefly explain what a trust is. A trust is a legal arrangement, formalized through a deed, whereby the owner of an asset can transfer it to a third party (the trustee). The trustee manages and administers this asset for a specified period, acting independently in the interest of multiple beneficiaries, who can be children or other individuals. This can also be done to achieve a particular purpose.
A trust can also include the appointment of a guardian, who supervises the actions and behavior of the trustee.
Many people believe that only real estate can be placed in a trust. In reality a trust can also include company shares, stocks, money, mutual funds, gold, artworks, and much more.
Trusts can be created by Italian nationals or residents, called resident trusts. Or by foreign people or companies not taxed in Italy, which are non-resident trusts.
The asset entrusted to the trustee temporarily leaves the owner’s control; in essence, it is as if it no longer belongs to the owner. Both ownership and bare ownership can be transferred, but what is interesting is that by transferring the asset to the trustee, the owner ensures that the asset cannot be claimed by future creditors of the settlor or the beneficiary (or even the trustee!).
The income generated from the activities of the asset (e.g., rental income, returns from investment funds, etc.) is produced by the trust and managed by the trustee, so this income is also protected from future creditors. This is because the trustee is fully responsible for the asset—though only temporarily—and must keep the accounts and handle the asset’s management.
Now you might wonder, since the trustee is responsible for the asset, if they encounter issues with tax authorities or financial institutions, can the asset be claimed? Absolutely not. The trustee is merely the manager of the asset, not its owner! This brings us to a significant advantage of trusts: in a trust, the asset is segregated and cannot be claimed either for actions against the original owner or the trustee.
A trust can be used, for example, by a company to separate family assets from business assets, as an inheritance tool, or after a marital separation to ensure the asset’s availability to the children.
In Italy, trusts fall into different categories. One key difference is between resident and non-resident trusts. Resident trusts are made by Italian people or companies. Non-resident trusts are from foreign individuals or companies not taxed in Italy.
Resident trusts, known as trusts italiani, come from Italians or companies settled in Italy. They follow Italy’s trust and tax laws. This includes needing to register and get a tax and VAT number.
Non-resident trusts come from foreigners not living in Italy for tax purposes. These trusts also follow italian trust regulations. But, they face different tax rules and requirements than resident trusts.
Trusts in Italy can also be sorted by how much they tell about who benefits from them. Transparent trusts, or trusts trasparenti, share details about who benefits. While opaque trusts, or trusts opachi, keep that info private. Choosing between these can affect the costs and benefits of managing the trust in Italy.
In Italy, the settlor and the trustee play important roles in a trust. They handle the costs, benefits, and legal stuff. When it’s about passing on properties or assets, the beneficiaries join in. For a trust to be valid, a written agreement between the settlor and trustee is required. But, sometimes a spoken agreement is also okay.
The settlor could be a person or a business. They create the trust and give the assets to the trustee. The settlor gets to decide how the trust is run and how its property is used.
The trustee looks after the trust’s assets based on what the settlor decided. It’s important that the trustee isn’t connected to anyone owning the trust’s assets. They have to follow legal rules very carefully.
Trustees can’t get any special benefits from the trust, unless the law allows it. They need to be careful and always act in the best interest of the beneficiaries. This includes making fair decisions for both the settlors and beneficiaries.
Beneficiaries are those who get what’s in the trust in the end. It’s a trustee’s key job to make sure the beneficiaries’ rights are protected.
Regarding the establishment of a trust, the procedures are pretty simple. The only requirement is a written form. In Italy, the common practice is to have the trust deed authenticated by a notary. For trusts that have beneficiaries who are vulnerable individuals (such as the elderly, disabled, or minors), it is advisable to establish the trust directly through a notarial public deed. A trust can also be established through a will.
It should be noted that the establishment of a trust, which involves creating the rules, appointing the trustee, and naming the beneficiaries (if they already exist), is different from the act of transferring assets into the trust. This transfer provides the trustee with the resources needed to execute the program defined and desired by the settlor. These activities can be carried out at different times, subsequent to the initial establishment of the trust.
The important news is that the registration tax is calculated at a fixed rate. What does this mean? On June 7, 2019, the Italian Supreme Court ruled that trusts are subject to a fixed registration tax, not one proportional to their value! This is because it involves a temporary, not a permanent, transfer. Additionally, the Regional Tax Commission of Lazio confirmed that the registration tax, cadastral tax, and mortgage tax (a few hundred euros) are fixed!
In any case, the costs involved in setting up a trust are mainly three:
Italy’s trusts bring many benefits. They help protect assets, plan estates, and optimize taxes. They separate personal wealth from business debts, offering safety. Trusts are also great for passing wealth to the next generation smoothly. Depending on the trust type and beneficiaries, they also offer tax perks.
Common applications of trusts are found in the generational transfer of assets or company shares, the protection of vulnerable individuals, safeguarding informal relationships such as cohabitation, planning and managing family financial and income interests, and as a security measure in place of guarantees.
It is a misconception that creating a trust requires large estates: there are trusts with minimal values where the true focus is not on the assets within the trust but on the purpose they aim to protect.
The asset, like all types of assets, can be revoked. The estate is protected only from future events that may arise due to the owner’s actions. For example, if John transfers a real estate asset into a trust today and the tax authorities initiate an investigation tomorrow, the Revenue Agency cannot claim the asset after it has been transferred into the trust. However, if John establishes a trust today but receives a tax assessment from the previous year, the asset can be subject to revocation.
Trusts in Italy can bring great benefits, but it’s essential to know when they could dissolve. If a trust in Italy doesn’t describe its beneficiaries clearly, hasn’t been righty managed, or has serious faults, it might be annulled.
The Italian trust regulations explain when a trust can be annulled. This might happen if the trustee doesn’t do their job well. For example, if they don’t look after the trust’s assets properly or don’t act in the beneficiaries’ best interests. Also, if the trust’s goals or who it’s meant for isn’t clear, that could lead to an annulment too.
When a trust’s problems can’t be quickly solved, special actions will be taken by the authorities. This might lead to the trust being dissolved. For more info on when a general trust institution in Italy can be dissolved, getting advice from experts is advised.
Both people and businesses can make trusts in Italy with our help. Many business owners want to keep their personal assets safe from company debts.
Setting up a trust in Italy helps business owners protect their personal assets. It keeps business debts away from what you own personally. This way, your personal money stays safe from your business’s risks and debts.
Trusts in Italy are also great for planning your estate. They help in sharing your assets as you wish, making things easier for your loved ones. Our team can help you set up a trust in Italy for your estate planning. This will meet your goals and follow the general trust institution in italy: costs, benefits and law requirements.
A trust is an independent legal setup. It plays a key role in estate planning and other uses. Italy respects trusts, whether local or foreign, under the Hague Convention. This convention guides the creation of trusts.
In Italy, trusts are grouped by who starts them: by Italians (resident trusts) or by non-Italians (non-resident trusts). Trusts may also be either clear (we know who benefits) or secretive (we don’t know who benefits).
The key players in an Italian trust are the one who creates it (settlor), the one who runs it (trustee), and those who benefit from it (beneficiaries).
For a trust in Italy, you need a legal paper describing it. This paper includes the settlor, trustee, and who will benefit. The trust must also formally exist by getting a tax code and VAT number.
The settlor decides how the trust is managed. This includes its money and where it’s invested. The trustee, on the other hand, must look out for what’s best for the settlor and those who will benefit. They are in charge of running the trust carefully.
Yes, a trust in Italy can be stopped if things don’t quite add up. For instance, if the people who should be getting benefits aren’t clearly listed, this could be a problem. The same goes if the trust isn’t managed correctly.
If these issues aren’t solved, the trust might have to be ended.
Yes, in Italy, people and companies can make trusts. This can help business owners keep their personal things separate from business matters. It means what’s yours personally won’t get mixed up in paying off business debts.
Trusts in Italy must deal with taxes and have proper tax numbers. Taxes they face depend on th
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