Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, May 8, 2014

Article on the U.S. Foreign Death Tax Credit


Brandon A.S. Ross (Proskauer Rose LLP) recently published an article entitled, Practical Pointers to Obtain the U.S. Foreign Death Tax Credit, 28 Prob. & Prop. 60 (May/June 2014).  Provided below is the introduction:

With the rise of internationalization, the use of the U.S. foreign death tax credit (the “Credit”) has grown.  The Credit is available for U.S. citizens or residents to avoid double taxation of certain property located outside of the United States at death.  The Credit applies to a transfer of property at death that is subject to a transfer tax substantially similar to the U.S. federal estate tax levied by the foreign country, state, jurisdiction, or political subdivision based on the property’s location in that foreign jurisdiction.  For purposes of this article, the terms “foreign country,” “state,” “jurisdiction,” or “political subdivision” are used interchangeably.  The Credit’s usefulness has increased as society has globalized and advances in technology have made the world smaller.  Despite the Credit’s enlarged role in estates, guidance for the Credit’s use from the IRS, the Department of the Treasury, and the courts is scarce.  This article offers some practical pointers to obtain the Credit.


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