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Estate and Gift Tax Chart for Non US Persons (Greencard Holders and NRA's)

Estate and Gift Tax for Non-US Citizens

United

States Gift Tax

To:

US Citizen

To:

US Resident (Green Card Holder)

To:

Non Resident Alien

From:

US Citizen

Spouse:

Unlimited Marital Deduction

 

 

 

 

Others:

Annual Exclusion: $14,000

 

Applicable Exclusion Amount:  $5,490,000

Spouse:

Annual Exclusion:  $149,000

 

Applicable Exclusion Amount:  $5,490,000

 

Others:

Annual Exclusion:  $14,000

 

Applicable Exclusion Amount:  $5,490,000

 

Spouse:

Annual Exclusion:  $149,000

 

Applicable Exclusion Amount:  $5,490,000

 

Others:

Annual Exclusion:  $14,000

 

Applicable Exclusion Amount:  $5,490,000

 

From:

US Resident

(Green Card Holder)

Spouse:

Unlimited Marital Deduction

 

 

 

 

Others:

Annual Exclusion: $14,000

 

Applicable Exclusion Amount:  $5,490,000

Spouse:

Annual Exclusion:  $149,000

 

Applicable Exclusion Amount:  $5,490,000

 

Others:

Annual Exclusion:  $14,000

 

Applicable Exclusion Amount:  $5,490,000

 

Spouse:

Annual Exclusion:  $149,000

 

Applicable Exclusion Amount:  $5,490,000

 

Others:

Annual Exclusion:  $14,000

 

Applicable Exclusion Amount:  $5,490,000

 

From:

Non-Resident Alien (US Situs Property)

Spouse:

Unlimited Marital Deduction

 

 

 

 

Others:

Annual Exclusion: $14,000

 

No Applicable Exclusion Amount

Spouse:

Annual Exclusion:  $149,000

 

No Applicable Exclusion Amount

 

Others: 

Annual Exclusion:  $14,000

 

No Applicable Exclusion Amount

Spouse:

Annual Exclusion:  $149,000

 

No Applicable Exclusion Amount

 

Others: 

Annual Exclusion:  $14,000

 

No Applicable Exclusion Amount

From:

Non-Resident Alien (non-US sited property)

No US Gift Tax Applied

No US Gift Tax Applied

No US Gift Tax Applied

United States Estate Tax

To:

US Citizen

To:

US Resident (Green Card Holder)

To:

Non Resident Alien

From:

US Citizen

Spouse:

Unlimited Marital Deduction

 

Others:

Applicable Exclusion

Amount:  $5,490,000

 

Spouse:

Applicable Exclusion

Amount:  $5,490,000

 

Others:

Applicable Exclusion

Amount:  $5,490,000

 

Spouse:

Applicable Exclusion

Amount:  $5,490,000

 

Others:

Applicable Exclusion

Amount:  $5,490,000

 

From:

US Resident (Green Card Holder)

Spouse:

Unlimited Marital Deduction

 

Others:

Applicable Exclusion Amount:  $5,490,000

 

Spouse:

Applicable Exclusion Amount:  $5,490,000

 

Others:

Applicable Exclusion Amount:  $5,490,000

 

Spouse:

Applicable Exclusion Amount:  $5,490,000

 

Others:

Applicable Exclusion Amount:  $5,490,000

 

From:

Non-Resident Alien (US Situs property)

Spouse:

Unlimited Marital Deduction

 

Others:

Applicable Exclusion Amount:  $60,000

Spouse:

Applicable Exclusion:  Amount: $60,000

 

Others:

Applicable Exclusion  Amount:  $60,000

Spouse:

Applicable Exclusion Amount:  $60,000

 

Others:

Applicable Exclusion  Amount:  $60,000

From:

Non-Resident Alien (non-US sited property)

 

No US Estate Tax Applied

No US Estate Tax Applied

No US Estate Tax Applied

 

General Principles

Rate of Taxation

The current rate of taxation for taxable gifts and bequests is 40% at the Federal level.  Amounts gifted beyond the annual gift exclusions and beyond the lifetime applicable exclusion would be taxed at that rate.  Likewise, at death, any taxable bequest beyond the lifetime applicable exclusion is taxed at 40%.  Not every gift or bequest is taxable.  Gifts and bequests to US citizen spouses are not taxed.  Bequests to charities remain untaxed, as do some lifetime gifts to charities.

Taxation of United States Citizens and Permanent Residents

United States Citizens and Permanent Residents (typically a green card holder) are subject to United States estate and gift tax on their worldwide assets, whether through lifetime gift or passing at death.

The United States is a party to a number of estate and gift tax treaties, whereby double taxation is avoided, typically on real estate.

 

Taxation for Spouses not United States Citizens

Non US citizen spouses receiving gifts and bequests cause taxation as if they were non spouses, save for the increased annual gift exclusion amount for such spouses.  US-citizen spouses can receive property from their spouse in an unlimited amount, pursuant to the unlimited marital deduction. A non-US citizen spouse can receive the benefits of citizen status through the use of a Qualified Domestic Trust (“QDOT”), where the estate tax is deferred until actually paid out to the non-citizen spouse, or the spouse does at some point become a citizen.

 

Taxation for Non Resident Aliens of their US situs property

Domestic real estate always has as its situs the United States.  Intangible assets are subject to a number of rules that classify certain assets as non-us situs or as not subject to United States transfer tax, such as bank deposits in US banks, stock in US companies, and life insurance proceeds.

 

What is the Applicable Exclusion Amount?

The Applicable Exclusion Amount is the amount transferred prior to death (over and above the annual gifting exclusions) that can be transferred free of gift tax.  At death, the same Applicable Exclusion amount applies, except that any portion that was used to eliminate gift tax during lifetime reduces the amount available at death.

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