TRUSTS & ESTATES PLANNING FOR NON-RESIDENTS

At Dilendorf Law Firm, we help non-residents minimize U.S. estate tax liability and design creative, practical solutions for a wide range of clients.

We work with individuals, families and businesses worldwide on complex trust and estate matters and assist them with the accumulation, preservation, management and transfer of wealth.

Developing Strategies to Minimize Estate Tax Liability

Drawing on our deep familiarity with U.S. tax laws, applicable tax treaties and cutting-edge planning strategies, our attorneys give careful attention to each client’s circumstances and objectives to protect their U.S. investments.

We work tirelessly to provide our clients unparalleled estate planning services, including by:

• Conducting a comprehensive analysis of family assets, general market and legal conditions, and the client’s unique requirements
• Helping clients obtain financing for their U.S. purchases to minimize the net worth subject to the estate tax
• Establishing tax-efficient holding structures that offer clients the greatest control at the least tax cost
• Designing domestic and offshore trusts to shift future growth in net worth out of an individual’s U.S. estate
• Developing tax-free gifting strategies for U.S. property to take advantage of the annual U.S. gift tax exclusion

The U.S. estate tax is imposed on the value of nonresidents’ U.S.-situs property at the time of death. The first $60,000 in value is exempt. Above that amount, the tax applies at rates of up to 40%. Because of the low exemption amount and high tax rates, careful planning is critical for the protection of nonresidents’ U.S. holdings.

Helping Clients at Every Stage of the Planning Process

After a plan is in place, we continue to work closely with our clients to ensure that the plan is implemented properly, and that future changes in the law or circumstances are fully addressed. We do this by:

• Regularly reviewing our clients’ estate plans to make sure they continue to serve our clients’ interests and goals
• Advising clients of the legal and tax consequences of the proposed transactions
• Helping clients and their families with the administration and management of trusts and estates
• Offering pre-immigration tax planning for nonresidents desiring to establish residency in the United States

Resources:

• Estate Tax –  NYSDTF
• Estate Tax for Nonresidents not Citizens of the United States – IRS
• Frequently Asked Questions on Gift Taxes for Nonresidents not Citizens of the United States – IRS
• Some Nonresidents with U.S. Assets Must File Estate Tax Returns – IRS
• Asset Protection and Estate Planning for NY Residents
• 26 CFR § 20.2102-1 – Estates of nonresidents not citizens; credits against tax – e-CFR
• Estate and Gift Taxes; Difference in the Basic Exclusion Amount – Federal Register
• Instruction for Form ET-706 – NYSDTF