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August 10, 2016

Estate and Gift Tax Planning for US Nonresidents with US Real Estate and Other US assets

Nonresidents are taxed differently on their property located in the USA than those who are citizens or permanent residents.  They do not get the same exemptions and credits and can without proper planning end up paying a lot of estate or gift taxes.

The table below shows when the IRS considers US property owned by nonresidents to be subject to estate taxes (paid upon death of the nonresident) and gift taxes (when US property and assets are transferred without consideration) during the nonresidents life.
                                                                                   ESTATE TAX                     GIFT TAX

Estate Tax Gift Tax
Property Type Yes No Yes No
Tangible Personal Property in U.S. (e.g., artwork, jewelry) X
X
Currency in U.S. Safe Deposit Box X
X
Cash Deposits in a U.S. Bank
X X
U.S. Real Estate X
X
Non-U.S. Real Estate
X
X
U.S. Stocks X

X
Non-U.S. Stocks
X
X
U.S. Government and Corporate Bonds
X
X
U.S. States/Muni Bonds X

X
U.S. Partnership/LLC Interest Depends (a)

X
Retirement Plans
X N/A
Life Insurance Cash Value X

X
Life Insurance Death Benefits
X
X

(a) The law is not clear and interpretations go both ways with respect to US situs of assets and situs of acutal partnership or LLC interest.

The table below shows the differences between estate and gift taxes paid by a citizen or permanent resident from that which is paid by a nonresident (NRA) including tbe differences in exemptions, and other rules.


U.S. Person NRA
Estate Tax Exemption Amount $5,430,000 per person $60,000 per person
Top Estate and Gift Tax Rate 40% 40%
Lifetime Gift Tax Exemption Amount $5,430,000 per person $0
Annual Gift Tax Exclusion Amount $14,000 per donee $14,000 per donee
Gift Splitting Between Spouses Yes, if both spouses are U.S. people No
Marital Deduction for Lifetime Gifts Unlimited if recipient spouse is a U.S. citizen $147,000 per year if recipient spouse is a non-U.S. citizen4
Marital Deduction for Testamentary Bequests Unlimited if recipient spouse is a U.S. citizen $0, if recipient spouse is a non-U.S. citizen, unless assets are held in a Qualified Domestic Trust
Gift Tax Exclusion for Direct Payment of Medical and Education Expenses Yes Yes
Portability of Decedents Exemption Yes No


If you are a nonresident and need estate tax or gift tax planning for your US assets contact us at ddnelson@gmail.com. 

Most Popular Cities and Jobs for Expats Working Abroad

https://blog.linkedin.com/2016/07/28/Most-Popular-Cities-and-Jobs-for-Americans-Working-Abroad

July 30, 2016

What facts do I need to include in completing the narrative statement of facts portion of the Form 14653?

Provide specific reasons for your failure to report all income, pay all tax, and submit all required information returns, including FBARs. Include the whole story including favorable and unfavorable facts.

Specific reasons, whether favorable or unfavorable to you, should include your personal background, financial background, and anything else you believe is relevant to your failure to report all income, pay all tax, and submit all required information returns, including FBARs.
Additionally, explain the source of funds in all of your foreign financial accounts/assets. For example, explain whether you inherited the account/asset, whether you opened it while residing in a foreign country, or whether you had a business reason to open or use it. And explain your contacts with the account/asset including withdrawals, deposits, and investment/management decisions. Provide a complete story about your foreign financial account/asset.

The following points address common situations that may apply to you

We realize that many taxpayers failed to acknowledge their financial interest in or signature authority over foreign financial accounts on Form 1040, Schedule B. If you (or your return preparer) inadvertently checked “no” on Schedule B, line 7a, simply provide your explanation.

We realize that some taxpayers that owned or controlled a foreign entity (e.g., corporation, trust, partnership, IBC, etc.) failed to properly report ownership of the entity or transactions with the foreign entity. If you (or your return preparer) inadvertently failed to report ownership or control of the foreign entity or transactions with the foreign entity, explain why and include your understanding of your reporting obligations to the IRS and to foreign jurisdictions.

If you relied on a professional advisor, provide the name, address, and telephone number of the advisor and a summary of the advice. Also provide background such as how you came into contact with the advisor and frequency of communication with the advisor.

If married taxpayers submitting a joint certification have different reasons, provide the individual reasons for each spouse separately in the statement of facts.

July 6, 2016

Better Pay Your Mexican Taxes on your Mexican Rental Income

Under Mexican law,  all income generated from properties located within Mexican territory is subject to taxation, even if the owners are foreigners and even if all funds are collected in accounts located outside Mexico.   For many years it has been a major issue for both Mexican tax authorities and individuals attempting to comply.  For years a Federal Taxpayer ID was required to file and pay the tax.   In order to obtain this tax ID one needed to be a resident of Mexico.    This was lose-lose for both the authorities and the foreigners who were willing to pay but baffled by the issues involved to “get legitimate”.

After more than five years of Settlement Company® dialogue with Mexican tax officials, a resolution was made in which the foreign property owner could appoint a Mexican company to pay his or her taxes and dispense with all other formalities.  This has become reality!   Mexican authorities are now looking seriously to collect this long-neglected source of tax revenue and foreigners not only are lining up to pay but also to receive the receipts for payment of the taxes which can then be credited against taxes paid in their native country under the terms of the NAFTA treaty.  Remember! no double taxation is permitted under the terms of the treaty!

If you have a rental property in Mexico contact us for details.   ddnelson@gmail.com

June 15, 2016

Expats should include their pets in estate plan


A majority of American households today make pets a part of the family. More and more, people want to see pets provided for even after the passing of the human members of the family. In the past,
inadequacies with the law made this impossible. However, now almost every State allows for trusts to be established solely for the benefit of caring for a pet after its family has passed on. Paramount to the trust is not only providing the financial means to care for the pet but to also lay out the wishes of the pet’s owner to ensure the level of care the trust is intended to provide. That is why this trust not only provides for a trustee but also the role of an enforcer to make certain the owner’s wishes are being respected.
Make the effort to remember your pets when creating your estate planning – they may live longer than you!  Need help. Contact us at ddnelson@gmail.com or visit our website www.taxmeless.com 

June 5, 2016

FBAR FORM 114 DEADLINE FOR FILING IS JUNE 30TH

The deadline for filing  the 2015 form 114 to report your foreign bank and other financial accounts is coming up on June 30th.  The form must be filed on line and cannot be extended for any reason. Read more details in this article from Forbes Magazine.

If your foreign asset values exceed a certain amount you may also have to file form 8938 with your tax return. The penalty for failing to file that form is $10,000.  That form (if required) must be filed even though you also reported on Form 114.

If you have questions on these forms or on other foreign asset reporting IRS rules, you can request a mini consultation by emailing us ddnelson@gmail.com.