International Estate Planning
KJMLAW Partners has served international estate planning clients for over twenty-five years. The consequences of organizing a U.S. estate incorrectly can involve hefty and avoidable estate and gift taxes upon the death of the estate’s owner or the transfer of the U.S. estate. This is especially true for non-resident aliens, individuals who are not citizens or residents of the United States, who own property in the U.S. Our firm has advised a wide range of international clients who own real property in the U.S., as well as those who own and operate U.S. businesses with tangible and intangible property.
If you are a non-resident alien looking to purchase property in the U.S. or conduct a U.S. business enterprise (or if you are advising a non-resident alien), effective tax planning and structuring are best handled at or before the time the U.S. property or business is acquired. As a general proposition, it is never a good idea for a non-resident alien to own U.S. property in their own individual name. Our team can advise on appropriate structures for organizing your U.S. acquisitions through U.S. and foreign corporations, partnerships, and trusts.
International treaties play an important role in estate planning. The U.S. has entered into income treaties with more than 60 countries. Only 16 countries, however, have entered into estate and gift tax treaties with the U.S. Non-resident aliens from these countries generally benefit from higher exemption amounts and lower tax rates compared to non-resident aliens from countries without such treaties.
If you are a resident or citizen of one of these countries (Australia, Austria, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Netherlands, Norway, South Africa, Sweden, Switzerland, United Kingdom), the existence of these treaties is likely to present greater opportunities to reduce your estate and gift tax exposure.
For specific guidance tailored to residents of each country listed below, please click the link to that page.
Some of the most active foreign investors in the U.S. are not covered by estate and gift tax treaties, including non-resident aliens from Brazil, Canada, China, Mexico, and most Asian, Central American, and South American nations.
Regardless of your country of origin and whether it has entered into an estate or gift tax treaty with the U.S., we at KJMLAW Partners are available to assist you and your clients with your international estate planning needs.
Please reach out to Kevin J. Moore for a no-cost consultation using the contact information below.