BarbriSFCourseDetails
  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Estate Planning
  • schedule 90 minutes

Estate Planning With Foreign Trusts and U.S. Beneficiaries: Tax Issues, Residency, Foreign Anti-Deferral Rules

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

U.S. owners and beneficiaries of foreign trusts are subject to complex tax rules and reporting obligations that are different from those applicable to domestic trusts. Tax and estate planners must recognize the variety of issues associated with foreign trusts with U.S. owners or beneficiaries, such as the applicable residency rules, complex tax laws, and foreign anti-deferral rules.

Tax and estate planners must determine under U.S. tax rules whether an arrangement is a trust, the residency of the trust as foreign or domestic, and the characterization of the trust. In addition to the code and regulations, the IRS and courts have provided guidance. Determination of a trust's residency and characterization will determine the potential income and estate tax impact to the beneficiaries, including potential attribution of ownership entities owned by the trust and complex information reporting obligations.

Tax and estate planning advisers must establish strategies to ensure that U.S. owners and beneficiaries of foreign trusts avoid any unintended tax liability on interests of foreign trusts, including such trusts' interest in foreign partnerships or corporations while avoiding foreign anti-deferral rules.

Listen as our panel discusses the challenges of foreign trusts with U.S. beneficiaries, residency rules, effective methods to ensure tax savings, achieving tax-free step-up in basis, and understanding the obligations of both trustees and beneficiaries of foreign trusts.

Presented By

Bruna Barbosa
Attorney
Mayer Brown LLP

Ms. Barbosa advises global families with substantial international assets on strategies for minimizing US federal income and transfer taxation to maximize transfer of wealth to future generations. She has extensive knowledge on US federal tax issues related to US inbound and outbound investments, including leveraged investments in US real estate, investment in funds and private equity, restructuring and treaty benefits. Ms. Barbosa regularly advises on pre-immigration and mobility planning, asset protection, marital agreements, cross-border and cross-generational transfers of wealth, cross-border trust and estate administration as well as tax compliance and reporting.

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Burgess Raby
Principal
Raby Law Office

Mr. Raby's practice focuses on international tax matters, including planning for foreign investment into the United States, planning for United States persons investing and undertaking businesses outside the United States, ownership of foreign real estate by United States persons (FIRPTA), and ensuring that all United States reporting requirements are met, including FATCA, FBARs, and various IRS information returns. He also includes advising start-up companies and tax litigation matters, both international and domestic.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, September 18, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Issues of foreign trusts with U.S. beneficiaries in estate planning

II. Determining tax residency and applicable rules

III. Understanding tax rules and reporting obligations of foreign trusts for U.S. estates and taxpayers

IV. Obtaining a tax-free step-up in basis

V. Applicability of foreign anti-deferral rules and methods to avoid them

The panel will review these and other key issues:

  • Determining if an arrangement is classified as a trust
  • Avoiding pitfalls of complex tax rules and reporting obligations
  • Understanding residency rules and the use of domestication to benefit the estate
  • Section 671 and qualifying NRA grantors as tax owners
  • Section 679 rules on pre-immigration trusts
  • Methods to achieve step-up in basis
  • Effective techniques to avoid foreign anti-deferral rules
  • Best practices for counsel in overcoming challenges of foreign trusts with U.S. beneficiaries