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European Registration & French Tax Law Create Pitfalls for U.S. Trusts

Volume 3 No 7    |    Read Article

By Fanny Karaman and Stanley C. Ruchelman

Events that have taken place in the E.U. during July confirm that a U.S. person who establishes a U.S. domestic or foreign trust for the benefit of a European resident, may face significant pitfalls regarding confidentiality and tax. While trusts historically constitute a testamentary dispositive tool in common law countries, the recent UBS and Panama Papers scandals have shed a harsh light on these instruments. At the level of the E.U., enhancements to existing anti-money laundering provisions have been floated. The legislation would eliminate certain exceptions to reporting. In France, adverse tax rules already exist for trusts, settlors, and beneficiaries that fail to take into account fundamental differences among trust instruments. In addition, wealth tax issues and public disclosure issues must be considered. Fanny Karaman and Stanley C. Ruchelman explore these and other problem areas.    See more →