Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, July 7, 2018

Estate Planning for a Non-US Citizen

From Bowditch & Dewey:

There are special estate tax planning considerations when a non-U.S. citizen spouse is part of the picture. To be clear, a non-U.S. citizen spouse may be living in the U.S. and even hold a green card, but he or she does not have U.S. citizenship. The planning considerations are best illustrated with an example: husband is a U.S. citizen and wife is a permanent resident (a non-U.S. citizen).

Gifting:

When gifting to his wife or transferring assets for planning purposes, the husband cannot take advantage of the unlimited gifting rule between married U.S. citizens. Instead, the husband is allowed a tax-free annual exclusion gift of $152,000 (2018) to his wife.

Read more here.

 

http://lawprofessors.typepad.com/family_law/2018/07/estate-planning-for-a-non-us-citizen.html

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