L’Agenzia chiarisce: le fondazioni del Liechtenstein equiparate al trust (Risposta ad interpello 11 gennaio 2022, n. 9

[Autom. eng. transl.] The response to question n. 9 of 2022 deals with the debated topic of the possible equivalence, with consequent subjection to the same tax treatment, of Liechtenstein foundations to trusts. The considerations expressed by the tax authorities, while certainly helping to clarify the issue, nevertheless leave some problematic profiles unresolved on which it is desirable that the Agency express its opinion in the near future, possibly taking the opportunity to publish the final version of the circular on the tax discipline of the trust. The need for certainty on "institutions having similar content" to the trust (the so-called trust like devices) is also demonstrated by the jurisprudential cases that are beginning to form in the Courts of merit. The contribution therefore aims to examine "the state of the art" of the matter, pointing out the profiles that are still problematic and discussed today.