Italian Supreme Court Order No. 26643/2026 examines the tax treatment of contributions to a trust established under divorce arrangements. The Court clarified that the exemption provided by Article 19 of Law No. 74/1987 does not extend to independent contributions made by children using their own assets for the benefit of future descendants. However, the exclusion of the exemption does not trigger immediate proportional taxation: where no definitive transfer of wealth to the beneficiaries has occurred, funding the trust remains tax-neutral. The ruling confirms the distinction between the exemption applicable to divorce-related arrangements and the deferral of taxation, consistent with the principles subsequently incorporated into Article 4-bis of the Italian Inheritance and Gift Tax Code (TUSD).
Published in La Circolare Tributaria No. 43/2026 by Euroconference.
