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Frequently Asked Questions
What is a family holding company?
It's a legal entity set up to centralize the administration of a family's assets — real estate, corporate interests, financial investments, and other assets. Heirs come to hold shares or quotas in this company, rather than owning the assets directly, which tends to make management and succession planning easier.
Does an estate holding company reduce inheritance tax (ITCMD)?
In some structures, donating shares during one's lifetime, with a reserved right of usufruct, can generate savings compared to traditional probate, depending on the state ITCMD legislation and how the transaction is structured. It isn't an automatic rule: the tax benefit depends on a technical analysis of the specific case, together with a lawyer and an accountant.
What assets can be placed into a holding company?
In general, real estate, interests in other companies, financial investments and other assets can be contributed to the holding company's share capital. The feasibility and the method of contributing each asset depend on its nature and the corporate structure chosen.
Does a holding company replace probate?
Not entirely. Assets already held by the company, with shares donated to heirs during the owners' lifetime, tend not to go through probate — but assets kept outside the structure, or acquired after it is set up, may still be subject to the standard probate process. That's why a holding company is usually part of a broader succession plan, not a standalone solution.
How much does it cost to set up a family holding company?
The cost varies depending on the number and nature of the assets involved, the corporate structure chosen, and the taxes due on transferring the assets (such as ITBI and ITCMD, where applicable). A prior assessment is necessary to estimate costs and compare scenarios before deciding to move forward.
Does a holding company protect assets from creditors?
A holding company can offer some organization and separation of assets, but it is not a tool for shielding assets from existing debts or defrauding creditors — which can even be judicially overturned (as fraud against creditors or fraud on execution). Legitimate asset protection has more to do with preventive organization of assets than with any guarantee of immunity from claims.
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