Foreign irrevocable trusts case law revisited

Abstract The Argentine Tax Authority attempted to include assets held within foreign trust structures in the settlors’ taxable base, making no distinction between revocable and irrevocable trusts. The five cases rejected the attempt by the Tax Authorities and ratified that foreign irrevocable trusts (with the right conditions) are recognized both for legal and tax purposes. Furthermore, some considerations are made in relation to protectors and the relevance relating to the actual transfer of property to the trustee.