Estates, Taxes, and Professional Ethics: Papers of the International Academy of Estate and Trust Law, 2002The International Academy of Estate and Trust Laws (IAETL) meets each May to spend a week of intensive engagement with issues of direct and immediate concern to estate and trusts lawyers. More than merely an assembly of commentators and interpreters, the IAETL is a prestigious body that affects real change in courts, law reform commissions, and governmental agencies. Its membership?including solicitors, barristers, notaires, judges, and scholars, all experts in trusts, estates, and inheritance law, and/or tax law?highlight the contrasts and comparisons between the pertinent laws of civil and common law jurisdictions. This volume records the May 2002 conference in Rome, which featured four distinct areas of discussion and debate: how trusts in the civilian context (specifically Italy) are subjected to taxation; the delicate balance between inter vivos and postmortem taxation; a lively debate on the nature and rationale of the inheritance tax; and how best to serve the client at the same time as meeting one?s ethical obligations.As always, this outstanding annual (the fourth in this series published by Kluwer Law International) continues to offer perspectives that open on ideas in themselves, apart from the demands and responsibilities of knowing and applying the law in busy demanding professional and scholarly environments. For this reason especially it is sure to engage the deep interest of researchers, academics, practitioners, law reform bodies, governmental groups and their advisers working in this complex and varied field of law. |
Contents
Debate Should Utopia Introduce an Inheritance Tax? | 3 |
Trusts and Company Law the Italian Experience | 7 |
Trusts and Income Taxes in Italy | 15 |
Analysis of Indirect Taxation on Transfers of Trust Property | 23 |
Death and Gift Taxes including CrossBorder Issues | 31 |
Special Considerations in USCanada Estate Planning | 43 |
Inheritance and Gift Taxes France | 63 |
Death and Gift Taxes A View from Switzerland | 81 |
Death and Gift Taxes United States | 89 |
Barbara R Hauser | 113 |
Unfair and IneBcient | 129 |
Death Taxes for Utopia? A Case in the Negative | 135 |
Conflict of Interest and Professional Obligations in Estate | 165 |
Conflict of Interest and Professional Obligations in Probate | 199 |
Rules of Conduct for Estate Planners and Ethical Issues in Estate | 209 |
Common terms and phrases
Academy of Estate ACTEC Commentaries amount apply assets attorney Australia basis beneficiary Canada Canadian resident Canadian tax cantons capital gains cent Civil Code civil law client common law conflict of interest Court death taxes deceased decedent deduction deemed realization discretionary trust domicile double taxation entitled Estate and Trust estate planning estate tax Ethics exempt fair market value federal fiduciary forced heirship France fund gift tax IAETL income tax inheritance tax International Academy investment issue ITAA Italian Italy jurisdiction lawyer legislation lifetime Maisto MRPC Newco non-resident notary obligation Paragraph parties person provides real estate real property registry tax relevant represent revenue rules settlor shareholder agreement shares situs property solicitor succession duties supra surviving spouse Switzerland Targetco Tax Code tax purposes tax regime tax residence tax treaty taxable Taxes and Professional taxpayer tion transaction transfer tax Trust Law United wealth