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This guide explains how trusts - called fideicomisos in Argentina - generally work in Florida, Argentina, and what to consider if you are thinking about creating, administering, or challenging a trust. When this guide refers to Florida, Argentina, it means the locality within the Province of Buenos Aires. Trusts in Argentina are a recognized legal arrangement that separates specific assets from the personal estate of the person who transfers them - creating a patrimony of purpose or patrimony of affectation that a trustee manages for the benefit of named beneficiaries or for a specific purpose.
Fiduciary arrangements are governed by national rules contained in the Civil and Commercial Code and by other legal and regulatory frameworks that affect commercial, tax, real estate, banking, and securities matters. Trusts are used for estate planning, real estate development, creditor protection, project finance, securities operations and more. The exact process and legal requirements can vary depending on the type of trust and whether it interacts with regulated financial or real estate systems.
Trusts involve legal, tax and factual complexity. A lawyer can help you in these common situations:
- Drafting and structuring a trust deed so the intention of the trustor is clearly expressed and enforceable.
- Choosing the right type of trust - for example, administration trusts, guarantee trusts, real estate (inmobiliario) trusts, financial or securitization trusts, or trusts for succession planning.
- Ensuring the trust does not violate mandatory legal rules - for example forced heirship rights in inheritance law or public order rules.
- Registering trust-related rights - especially when real estate is involved - and complying with local property registries and municipal requirements.
- Handling tax consequences - trusts can trigger income tax, stamp taxes, transfer taxes or other duties for the trustor, trustee or beneficiaries.
- Managing trustee duties and liability - a trustee has legal duties of care, loyalty and good faith that may expose them to claims.
- Resolving disputes between trust parties - beneficiaries, trustees and trustors may disagree about administration, distributions, or termination.
- Addressing cross-border issues - if trust assets or beneficiaries are outside Argentina, a lawyer can coordinate foreign law, recognition and tax matters.
Key legal aspects that are particularly relevant to trusts in Florida, Argentina:
- Legal framework - Trusts in Argentina operate under the Civil and Commercial Code and associated regulations. The trust creates a separate patrimony - patrimonio de afectación - dedicated to a purpose or beneficiaries and distinct from the trustee's personal assets.
- Parties and roles - Standard roles are the trustor or settlor (fiduciante), the trustee (fiduciario), and the beneficiary or beneficiaries (beneficiarios). The trust deed specifies powers and limits for the trustee and the rights of beneficiaries.
- Types of trusts - Common forms include administration trusts, guarantee trusts for securing obligations, real estate trusts for development or sale, financial or securitization trusts used in capital markets, testamentary trusts for estate distribution, and family/asset protection trusts.
- Registration and publicity - When trust assets include real estate, changes must typically be noted in the local Property Registry so third parties are informed. Some financial trusts require registration or compliance with securities regulators.
- Tax and fees - Trusts can generate tax consequences at different stages - on transfer of assets, income earned by trust assets, and distributions to beneficiaries. Municipal and provincial transfer taxes or stamp duties may also apply. Tax treatment varies by trust structure and purpose.
- Succession and mandatory rules - Trusts cannot be used to circumvent compulsory portions in inheritance law. Argentine inheritance rules protect certain heirs, and any trust arrangement must respect those protections.
- Trustee duties and liability - Trustees must follow the trust deed and act with due diligence and loyalty. Improper administration can expose trustees to liability to beneficiaries or third parties.
- Enforcement and dispute resolution - Beneficiaries can seek judicial enforcement if trustees fail to perform. Parties may also include arbitration clauses for commercial or investment trusts.
A fideicomiso is a legal arrangement where the trustor transfers assets to a trustee to be managed for beneficiaries or a specific purpose. It differs from a will because it can operate during the trustor's lifetime and create an autonomous patrimony. It differs from a company because the trustee holds title and manages assets according to the trust deed rather than operating a commercial enterprise under a corporate governance model.
Registration depends on the trust assets and its purpose. Real estate transfers must be entered in the local Property Registry. Some financial or commercial trusts may require registration with regulatory bodies. Check with a local lawyer to determine what registrations apply to your situation.
No. Trusts cannot be used to unlawfully deprive legally protected heirs of their mandatory portion. Argentine inheritance law protects certain heirs, and any trust intended to alter those rights must comply with applicable succession rules.
Trustees can be individuals or legal entities capable of holding and administering property under Argentine law. While you can name a friend or family member, consider their capacity to fulfill fiduciary duties, their availability, and potential liability. Professional trustees or trust companies are often used for complex or high-value trusts.
Tax treatment depends on the type of trust and transactions involved. Possible taxes include income tax on returns generated by trust assets, transfer taxes or stamp duties on transfers of property into the trust, municipal taxes on real estate, and tax consequences for beneficiaries on distributions. Consult a tax lawyer or accountant for precise calculations.
Timing depends on complexity. A simple trust can be set up in a matter of days or weeks once documents are prepared and assets are transferred. Trusts involving real estate, regulated financial instruments or cross-border assets will take longer because of registrations, approvals and tax clearances.
Whether a trust can be modified or revoked depends on the terms of the trust deed and the applicable law. Some trusts are revocable by the trustor, others are irrevocable. Changes may require consent of beneficiaries or court approval if rights would be affected.
Beneficiaries generally have the right to information about the trust and its administration to the extent necessary to protect their interests. The trust deed may set the level of reporting and access. If the trustee refuses legitimate requests, beneficiaries can seek judicial remedies.
If a trustee breaches duties - for example through negligence, bad faith or misappropriation - beneficiaries can sue the trustee for breach and seek removal, restitution, damages or other remedies provided by law and the trust deed. Criminal liability may apply in cases of fraud.
Yes. Real estate trusts are commonly used for development projects, condominium sales, and structured financing. They can facilitate management of funds, guarantee performance and separate project assets from other liabilities. Local zoning, land use rules and Property Registry requirements must be observed.
To get reliable information and official guidance, consider these local resources - contact the relevant one depending on your need:
- Local Colegio de Abogados or Bar Association in your partido or province - for referrals to lawyers experienced in trusts and estate law.
- Registro de la Propiedad Inmueble - for any issues related to real estate held in a trust.
- Administración Federal de Ingresos Públicos - AFIP - for tax guidance applicable to trusts and transfers.
- Banco Central de la República Argentina - BCRA and Comisión Nacional de Valores - CNV - if the trust is financial in nature or linked to securities.
- Municipal and provincial tax offices - for stamp taxes, transfer fees and municipal obligations.
- Professional accountants and fiscal advisors with trust experience - for tax planning and compliance.
- Local notaries and escribanos - for authenticating and recording deeds and property transfers that form part of many trusts.
If you think you need legal assistance with a trust in Florida, Argentina, follow these practical steps:
- Gather basic documents - identification for involved parties, title deeds for assets to be placed in the trust, any existing wills or business agreements, and financial records for assets that will be transferred.
- Identify your objective - clarify whether the trust is for succession planning, asset protection, real estate development, securing obligations or another purpose. Clear objectives help a lawyer propose the best structure.
- Find a lawyer - seek a lawyer or law firm with experience in fiduciary law, trusts, tax and real estate in your locality. Ask for references and examples of similar work. Use local bar associations for verified referrals.
- Ask the right questions - ask about fees, expected timeline, tax consequences, registration steps, trustee options and whether the lawyer coordinates with notaries, accountants and registries.
- Get a written engagement - agree on a scope of work and fee arrangement in writing before starting. Make sure the engagement covers drafting, registrations and tax coordination where needed.
- Consider multi-disciplinary advice - for complex trusts get both legal and tax advice so the structure does not create unexpected fiscal or regulatory burdens.
This information is for general guidance only and does not replace personalized legal advice. If you have a specific situation, consult a qualified lawyer in your area to discuss the facts, applicable law and options for moving forward.
