Trusts and Asset Protection in Latin American “Civil Law” Jurisdictions: Challenges and Approaches
Although a Trust is a legal structure existing for hundreds of years in many “common-law” jurisdictions, this structure has taken on particular relevance in Latin American “Civil Law” countries in recent years. The political, social, and economic instability experienced in Latin America in recent times has led a number of high net worth families to seek asset and wealth protection through Trusts, giving rise to several challenges for taxpayers and their advisors.
Speaking on these topics will be Mauricio Carloza, Partner at Allende & Cía and Professor of Tax Law at Pontifical Catholic University of Chile.
At this event, we will discuss the following topics:
- Analyze the increasing relevance of Trusts and asset protection mechanisms in Latin America in recent decades
- Dive into the mismatches between Trusts as common law structures as compared to Trusts in Latin American Civil Law jurisdictions
- Depict the progressive development of regulations of Trusts in Argentina, Uruguay, Colombia, Chile, Brazil, and Mexico
- Review relevant case law, gaps, and harmonization of issues and interests between Trust structures for families in the US and in Latin America
- Inquire on the crossover of current and future challenges of Trust structures for families, advisors, and tax advisors in the US and Latin America
Mauricio Carloza, a Partner at Allende & Cía in their Santiago, Chile office, focuses his practice on domestic and international tax and estate planning. He advises on domestic and international individual and corporate tax matters and family wealth preservation and estate planning. He develops and maintains a joint work attachment with corporate tax attorneys, trust and estate attorneys, wealth management firms, family offices, investment advisors, banks, financial institutions, accounting firms, migration advisors, and other intermediaries involved in advising high net worth families. Mauricio is a Professor of Tax Law and International Business Taxation at Pontifical Catholic University of Chile's Law School. He has a LLM in Tax Law from Queen Mary University of London (QMUL) and a LLB from Pontifical Catholic University of Chile's Law School. In the past, Mauricio has participated as a speaker at STEP Wyoming's annual conference (2023) and participated in The Inward Investment and International Taxation Review (2020–2022) as an author of chapters on Chile. Before his arrival to Allende & Cía, Mauricio was Manager of Deloitte’s Chile Mergers & Acquisitions and International Tax practices, an Attorney at the Chilean Internal Revenue Service ('SII') Large Taxpayers Department, and with KPMG Chile.