Saturday, July 7, 2018
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).
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.