Trusts to administer inheritances
I. On pages 28/39 and 187/199 an appeal is filed against the resolutions dated February 26, 2010 and July 25, 2011 signed by the Chief (int.) of the Review and Appeals Division of the Northern Regional Directorate of the A.F.I.P.-D.G.I., whereby the minimum presumed income tax for the tax periods 2004, 2005, 2006 and 2007 is determined ex officio, plus compensatory interest. In addition, a fine is applied for the 2004 period equivalent to three times the tax allegedly evaded based on the provisions of sections 46 and 47 subsections d) and e) of Law 11,683 (t.o. 1998 and its amendments). The application of the penalties for the periods 2005, 2006 and 2007 is suspended in accordance with the provisions of section 20 of Law 24.769.
It is clarified that this was a system of subscription at cost, conceived for the interested parties to create their respective houses, through a joint effort. The fiduciary function was assumed by Eidico S.A. on behalf of and for the benefit of the subscribers, to whom the full ownership of the subscribed unit shall be transferred in due course.
Testamentary trust mexico example
Trusts are financial tools widely used around the world and although many people are not familiar with them, their origin dates back to the times of ancient Rome. Since then, different types of trusts have been developed to cover different needs that people have.
These contracts are well regulated by the authority, so they are safe and reliable instruments, besides being a comfortable way to manage a part of your patrimony that you will destine to a specific purpose. Here are some of the details you need to know before signing your trust contract.
At the same time, the law emphasizes that the assets that make up the trust must be destined exclusively to the purpose defined by the settlor and the trust institution is obliged to register the assets and keep them separate from its own patrimony.
If you are worried about what will happen to your estate after your death and want to avoid cumbersome procedures for your heirs, this type of contract allows you to establish precise instructions on what to do with your assets when you are no longer around.
Thesis on trusts in mexico
This Law consists of three hundred and ninety-six articles, four final provisions and ten transitory provisions. The articles are distributed in six titles dedicated to regulate general provisions (title I), inheritances (title II), testate succession (title III), intestate succession (title IV), other succession attributions determined by the Law (title V) and donations mortis causa (title VI).
Titles I and V deserve special mention. With regard to the general provisions, it has been decided to merge into a single title what in the Compilation in force until now were two, i.e., one for general provisions and the other for provisions common to intestate and testate succession. The reason for the recasting is simply for clarification, given that in the succession derived from inheritance, acceptance is sometimes necessary and the benefit of inventory or separation of estates is always possible. It is also possible, in the case of plurality of heirs, the right of accretion, collation or partition, and it is undoubtedly possible to exercise the action of petition for inheritance. Therefore, it was unnecessary to exclude inheritances from the aforementioned common provisions.
As seen in the previous entry (The residuary trust substitution 1 …), the characteristic of the trust substitution is the imposition on the heir or legatee trustee of the obligation to preserve and transmit the assets to a third party (trustee). This implies that, as a general rule, the trustee has no dispositive powers over the trust property. But there are exceptions to this general rule. They are set forth and endorsed by the DGRN Resolution of November 6, 2015, which states:
It is noteworthy that the DGRN admits the transfer subject to the trust lien, whether the trust is subject to term or condition or is pure (subject to the death of the trustee). However, there are case law statements that restrict this possibility of transfer of the trustee’s right subject to the lien to the case of conditional trusts. Thus, the Judgment of the Supreme Court of February 28, 1994 states:
From the notarial point of view, the question will be whether the mere manifestation of the trustee that the purpose of the alienation is the one stated to carry out the act and that it is registered is sufficient.