Foreign Asset Disclosure Program [Video] by Sanford Millar on 5/14/2012 Foreign Asset Disclosure and the Voluntary Program. This is the program that anybody with clients who have assets off shore should be aware of. Why? Because it's an opportunity for your clients to come forward and...more
Questions and Answers About FATCA and Foreign Trusts by McDermott Will & Emery on 5/14/2012 The U.S. Treasury Department recently issued proposed regulations interpreting sections of the Internal Revenue Code (the Code) commonly referred to as the Foreign Account Tax Compliance Act (FATCA). The proposed regulations,...more
Expatriation! Why and Why Not!!! by Sanford Millar on 5/14/2012 The headline news that a co-founder of Facebook has given up his U.S. citizenship to avoid income and estate tax may trigger a lot of interest in expatriation. Some people will read the news of the expatriation of Mr. Sevarin...more
Planning During Turbulent Times by Katten Muchin Rosenman LLP on 5/8/2012 In this presentation: - Planning in an uncertain tax climate - Planning in uncertain economic times - Navigating the new reporting requirements with respect to foreign investments - Charitable giving...more
Estates & Trusts Legal News - May 2012 • Volume 1, Number 1: US Estate Tax Update: Cross Border Planning by Dickinson Wright on 5/2/2012 In This Issue: US ESTATE TAX UPDATE:CROSS BORDER PLANNING U.S. Transfer Taxes U.S. transfer taxes consist of three tax regimes: estate tax, gift tax and generation skipping transfer tax. For the purposes of...more
Minimize Estate Tax on Foreign Assets by Sanford Millar on 4/30/2012 A recent U.S. Tax Court case provides a road map to minimize estate tax liability. In Wandry v. Commissioner the Tax Court held that a gift of an interest in a closely held business that was defined by dollar amount rather...more
Having your cake and eating it – How to retain settlor control in BVI and Cayman trust structures by Harney Westwood & Riegels on 4/27/2012 The BVI and the Cayman Islands have both been long viewed as attractive and sophisticated jurisdictions for offshore trust and corporate structuring by Asian clients and their professional advisors. The generic flexibility of...more
Estate and Gift Tax Trap for Owners of Foreign Assets by Sanford Millar on 4/24/2012 The Congressional Research Service (CRS) just published an analysis of the effect of extending the “Bush”tax cuts. Included in the expiring tax cuts are estate and gift tax rate cuts. If the tax cuts are allowed to expire...more
Roy Berg Speaking Engagement on FBAR Requirements at the International Tax Conference in New York City by Moodys LLP Tax Advisors on 4/23/2012 On March 22, 2012 I had the privilege of speaking at the Eighth Annual International Estate Planning Institute in New York City. The conference was sponsored by the New York Bar Association and the Society of Trust and Estate...more
Supreme Court of Canada Decides on Trust Tax Residency by Osler, Hoskin & Harcourt LLP on 4/13/2012 The Supreme Court of Canada dismissed the taxpayers’ appeal in Fundy Settlement (also known as Garron or St. Michael Trust Corp.), deciding on April 12, 2012 that the relevant trusts were resident in Canada rather than...more
How Will Foreign Assets Affect Your U.S. Estate and Gift Tax Obligations? by Sanford Millar on 4/10/2012 The U.S. taxes income worldwide and it also imposes estate and gift taxes on assets held worldwide. Many other countries operate on a “territorial” system where only income earned or assets located within the country are...more
An Introduction on China’s Senior Pension Mechanism by Qin Qu on 4/1/2012 While China’s aging population rapidly grows in recent years, combining with raising expanse for living, more and more people are concerning about their retirement fund—how they can support themselves on medical expenses and...more
Is Hong Kong Asia's Next Trust Centre? by Harney Westwood & Riegels on 3/23/2012 Originally published in ASIAN LEGAL BUSINESS - February 2012. Historically, setting up private trusts offshore has been a preferred vehicle for Asia’s wealthy families and individuals to manage their assets as they crave...more
Estate Penalized for Undisclosed Foreign Trust by Sanford Millar on 3/5/2012 In Chief Counsel Advice 201208028 (the “CCA”) the IRS provided guidance to executors and administrators of estates of decedents who died having a beneficial interest in a previously unreported foreign trust....more
Registering security over trust property by Harney Westwood & Riegels on 2/27/2012 One of the great attractions of the British Virgin Islands (“BVI”) as a jurisdiction for structuring finance transactions is the simple yet thorough security registration regime applicable to BVI companies....more