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International Tax Regimes

A United States expat family, a U.S. person married to a non-citizen spouse, a non-U.S. person investing in the United States, and other cross-border families will need to have an investment plan that is correctly in sync with a tailored cross-border estate plan. Correctly tailoring that cross-border estate plan will require legal and tax experts with a deeper understanding of the relevant estate/succession/gift/generation-skipping transfer (collectively referred to herein as “transfer”) tax laws in each of the relevant countries that may factor in the distribution of property prior to and upon death. These experts should also understand the myriad techniques that can mitigate the punitive effect of transfer taxes. This article, then, is an introduction to the international estate planning and investment techniques that sophisticated international and cross-border families utilize. These topics also include cross-border issues that complicate estate planning: transfer tax rules, treaties, and credits.

Cross-Border Issues that Amplify the Complexity of Estate Tax Planning

  • U.S. Estate Tax Basics
  • A Brief General Overview of Contrasting International Tax Regimes
  • Concepts of Citizenship, Residency and Domicile

Transfer Tax Situs Rules, Tax Treaties and Foreign Tax Credits

  • Understanding the Role of Situs in International Transfer Taxation
  • The Interplay of Tax Treaties and Foreign Tax Credits

Estate Planning Strategies: Cross-Border Pitfalls and Considerations

  • Traditional Estate Planning Tools
  • Examples of Tools that May Not Travel Well
  • Estate Planning for Families that Include a Non-U.S. Citizen Spouse
  • Non-U.S. Persons Investing in the United States
  • Cross-Portfolio Investment Optimization
  • Gifts/Inheritances from Foreigners

A United States expat family, a U.S. person married to a non-citizen spouse, a non-U.S. person investing in the United States, or other families with multiple nationalities, will need to have an investment plan that is correctly in sync with a tailored cross-border estate plan. Correctly tailoring that cross-border estate plan will require legal and tax experts with a deeper understanding of the relevant estate/succession/gift/generation-skipping transfer (collectively referred to herein as “transfer”) tax laws in all of the relevant countries that may factor in the distribution of property prior to and upon death, and the myriad of available techniques that, when correctly identified and utilized, can mitigate the punitive effect of transfer taxes.