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International Trust and Estate Planning: Hot Issues in Expatriation

Content Provider
American Law Institute CLE
Product
CLE
Run Time
121 Minutes
Recording Date
11/12/2024
Presenter(s)
Michelle B. Graham, Dina Kapur Sanna, Judi Galst, Phil Hodgen
Learning Method
On-Demand Training
Practice Area
Estate Planning and Elder Law, International Law
Persona
CLE OnDemand

Price $259.00

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Description

In today’s uncertain world, more high-net-worth Americans are exploring alternative residency or citizenship options to safeguard their wealth, create new opportunities, and secure their legacy. However, where you hold citizenship doesn’t have to limit where you live. After acquiring a second passport, tax considerations come into play. Should U.S. citizenship (or green card status) be terminated? What are the tax consequences? When considering expatriation, the focus often shifts to navigating the complex income, estate, and gift tax implications. As trusted advisors to clients seeking these alternatives, it's essential to deliver estate planning solutions that are clear, cost-effective, and designed to avoid litigation—ensuring their assets and future are fully protected. Domestic tax advisors are increasingly facing complex international issues related to U.S. clients looking to expatriate. The IRS has specific tax rules for expatriates that can create significant paperwork and potential tax liabilities. Tax advisors are also frequently asked for advice on acquiring second citizenships or establishing residency outside the United States—just in case, whether or not expatriation is currently planned. Join for this two-hour webcast as our expert panel of seasoned professionals delve into key estate and gift tax considerations, sharing the latest opportunities for acquiring a second citizenship, as well as practical planning strategies to address the challenges for U.S. citizens considering expatriation. Expatriation and U.S. tax-related topics include: - The exit tax rules of IRC Section 877A: Defining expatriate, covered expatriate, citizen, and long-term resident - What makes an expatriate a covered expatriate? - Exceptions to covered expatriate status: dual citizens, age 18 1/2. - How the exit tax rules create income tax liability for covered expatriates - Mark-to-market rules and retirement/deferred compensation plans are discussed - Planning techniques to reduce or eliminate exit tax liability: gifts, valuation discounts - The paperwork uniquely applicable to the exit tax: Form 8854, Form W-8CE - The estate/gift tax collateral damage for covered expatriates: a brief introduction to IRC Section 2801 Second citizenship topics include: - Insight into the advantage and disadvantages of this growing trend - Clarification what investment migration entails, including the process and purpose behind obtaining citizenship or residency through investment - Common misconceptions surrounding second passports and residency in foreign countries, separating myth from reality - Key considerations and popular program options for Americans, especially those considering expatriation, to help them make informed decisions. This program is for estate planners of Americans seeking ways to mitigate risk, create opportunity and preserve their wealth and legacy by obtaining an alternative residence and/or citizenship.

Literature

State Status Total Credits Type Of Credit Approved Thru
AlabamaApproved2.00General12/31/2025
AlaskaApproved2.00GeneralOn-going
ArizonaApproved2.00GeneralOn-going
ArkansasApproved2.00GeneralOn-going
CaliforniaApproved2.00Participatory11/12/2029
ColoradoApproved2.00General12/31/2026
ConnecticutApproved2.00GeneralOn-going
DelawareApproved2.00General11/11/2026
FloridaApproved2.50General07/31/2026
GeorgiaApproved2.00General12/31/2025
HawaiiApproved2.00General11/12/2026
IdahoApproved2.00General11/11/2029
IllinoisApproved2.00General12/09/2026
IndianaApproved2.00General01/16/2026
IowaApproved2.00General11/11/2025
KansasApproved2.00General12/15/2025
KentuckyApproved2.00General06/30/2025
LouisianaApproved2.00General12/09/2025
MaineApproved2.00General01/26/2027
MinnesotaPending State Response0.00
MississippiApproved2.00General12/09/2025
MissouriApproved2.40GeneralOn-going
MontanaApproved2.00General11/12/2027
NebraskaApproved2.02General11/11/2026
NevadaApproved2.00General12/31/2028
New HampshireApproved2.00General11/11/2027
New JerseyApproved2.00GeneralOn-going
New MexicoApproved2.00General11/11/2029
New YorkApproved2.00SkillsOn-going
North CarolinaApproved2.00General02/28/2026
North DakotaApproved2.00General11/12/2027
OhioApproved2.00General12/31/2025
OklahomaApproved2.00General12/16/2025
OregonApproved2.00General11/11/2027
PennsylvaniaApproved2.00General12/09/2026
Puerto RicoApproved2.02General02/03/2026
Rhode IslandApproved2.00General06/30/2025
South CarolinaPending State Response0.00
TennesseeApproved2.02General12/09/2025
TexasApproved2.00General11/30/2025
UtahApproved2.00General12/31/2025
VermontApproved2.00GeneralOn-going
VirginiaApproved2.00General10/31/2025
WashingtonApproved2.00General11/11/2029
West VirginiaApproved2.42GeneralOn-going
WisconsinApproved2.00GeneralOn-going
WyomingApproved2.00General12/09/2025

Speakers