Home -> Law Blog Directory -> Corporate Governance Blogs -> The Harvard Law School Corporate Governance Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Corporate Governance
: The Harvard Law School Corporate Governance BlogPerpetuities, Taxes, and Asset Protection
By Harvard Law School Program on Corporate Governance
The Program on Corporate Governance has recently released a new discussion paper entitled Perpetuities, Taxes, and Asset Protection: An Empirical Assessment of the Jurisdictional Competition for Trust Funds, which I co-wrote with Max Schanzenbach. The paper abstract is as follows:
This chapter provides an accessible overview of our previous work on the impact of the abolition of the Rule Against Perpetuities (RAP) on trust fund situs. The implementation of the Generation Skipping Transfer (GST) Tax by the Tax Reform Act of 1986 sparked a movement to repeal the RAP. Since 1986, nearly half the states have abolished or effectively abolished the RAP as applied to interests in trust. Prior to 1986, only three states had abolished the RAP. We find no evidence that abolishing the RAP prior to the 1986 GST tax attracted trust business. By contrast, between 1986 and 2003, abolishing states reported an average increase in trust assets of $6 billion (a 20 percent increase). In addition, average account size in abolishing states increased by $200,000, implying that abolishing the rule attracted relatively larger trusts. Our findings imply that roughly $100 billion in trust funds have moved to take advantage of the abolition of the RAP. Further, we can trace these results to the subset of abolishing states that did not levy a tax on income accumulated in trusts attracted from out of state. This finding, which implies that abolishing the RAP does not directly increase state tax revenue, bears on the scholarly debate over the mechanisms of jurisdictional competition. Our analysis also controls for whether a state validated the so-called self-settled asset protection trust (APT). We did not find consistent evidence that validating APTs increases a state?s reported trust business, but in the period studied few states had validated APTs, so we draw no firm conclusions.
We conclude that the jurisdictional competition for trust funds is real and intense, with the primary margin of competition being the rules that bear on trust duration, and that the enactment of the GST tax sparked the rise of the perpetual trust. In future work using more refined data, we intend to revisit the jurisdictional competition for trust funds and to expand our inquiry to include directed trustee statutes and the recent reforms to trust-investment laws.
Full post as published by The Harvard Law School Corporate Governance Blog on March 05, 2008 (boomark / email).
Privacy Protection Act 42 USC 21A
Federal Newsroom Law
Truth In Lending Act
Consumer Loans and Consumer Credit Protection Act
Recovery One, Cyber Asset, Ascension Recovery - Renovo One LLC
REPOSSESSION DRIVERS - UNPAID OVERTIME
Tax Discrepancies
Northwest Airlines pays IRS $12.6 million settlement for taxes and interest.
DLP
Ohio State to Receive $42 Million in Corporate Taxes Settlement
Personal Property Taxes
Village of Romeo pays Ford Motor Company a $1.2 million settlement for double charging.
imbee Data Collection
Industrious Kid, Inc. pays $130,000 civil penalty for violating the Children’s Online Privacy Protection Act.
Germantown Primary Care Associates, P.C.
Unlawfully collected fees refunded in Consumer Protection Act violation suit.

The RAP - Trust Situs Interface
Factors Bearing on Trust Situs Selection Analyzed
Current Perpetuities Law in the State
Another Lost Asset Protection Opportunity
The Connecticut Medicaid Asset Protection Trust








