Estates & Trusts Legal News - May 2012 • Volume 1, Number 1: US Estate Tax Update: Cross Border Planning


In This Issue:


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 this newsletter we will focus on the U.S. estate tax. The application of the transfer taxes to an individual depends if the individual is a U.S. citizen and/ or resident (collectively, a U.S. person) or a non-resident of the United States who is not a U.S. citizen (a non-resident alien).

Residency for U.S. transfer tax purposes is not determined in the same way as residency for U.S. income tax purposes. For U.S. transfer tax purposes, a resident is a person who is domiciled in the United States. A person acquires domicile in the United States by:

• being physically present in the United States, however briefly; and

• forming the intent to reside in the United States permanently.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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