”The Generational Transition of the Family Enterprise”.

The Italian small and medium enterprises are the first commercial partner of Albania in the construction, textile and footwear sector, in trade and services, in the agro-food industry, in the health sector, in the metalworking sector. Most small and medium-sized Italian businesses are family-owned, handed down from father to son, and for these companies, the generational transition constitutes a risk of enterprise, which is added to others, such as uncertainty in the field International economic, access to credit, tax pressure. Hence the necessity, to plan in advance not only the generational passage but above all the future functionality of the companies, organizing the ownership structure and the government with the presence of the most qualified and competent family people. At the same time, in the perspective of the family, the aim is also to guarantee the future of the family unit and to allow the personal, professional and economic development of its members. With the term "generational transition of enterprise", it is indicated, in the economic legal language, a series of operations, suitable to guarantee the succession, inter vivos or mortis, cause, in the exercise, direct or indirect, of the undertaking. In this context, the activity of the consultant/legal operator, called to concretely realize the generational transition, becomes fundamental, precisely because it can easily evaluate the legal instruments to implement the generational passage, also with regard to the tax impact, in order to avoid being burdened, in terms of both risk and taxation, of an excessive tax burden on the entrepreneurial succession and without losing sight of the family's objectives. The subject of this study is to examine, from the legal and fiscal point of view, the most common legal instruments in Italian practice in the management of the generational passage, in particular: the will, the donation, the pact of family, the trust in order to offer concrete solutions to plan in an orderly way the generational transition of the family enterprise.