Tag Archives: domicile

U.S. Estate, Gift, and Generation Skipping Transfer Taxation of Non-Resident Aliens

July 07, 2013  |   Posted by :   |   Domicile   |   0 Comments

U.S. Estate Tax 1. Taxation based on citizenship and residence. 1.1 U.S. citizens and residents are subject to estate tax on all interests in property wherever located owned or controlled at death. 1.2 Individuals who are neither U.S. residents nor U.S. citizens (“non-resident aliens”) are only subject to U.S. estate tax on: (a) Interests in […]

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Double Taxation (Domicile) — Tax Treaties

July 06, 2013  |   Posted by :   |   Domicile   |   0 Comments

In many instances the adverse tax consequences of a determination of double domicile have been alleviated by tax treaties between the contending jurisdictions. U.S. estate tax treaties vary. They generally provide that in the event the contracting parties both claim the decedent as a domiciliary for estate tax purposes, a credit will be given against […]

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Joint ownership of property

July 05, 2013  |   Posted by :   |   Domicile   |   0 Comments

Joint ownership of property. Property held in the United States may have been acquired with the proceeds of joint funds, but the technical property ownership may only be reflected in the name of an individual foreign client. For example, property held in the United States may have been acquired with foreign-source funds that really constitute […]

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Property of Nonresident Alien Treated as Located in the United States

July 03, 2013  |   Posted by :   |   Domicile   |   0 Comments

Property Situs Rules – U.S. Estate Tax Treatment For U.S. estate tax purposes, the gross estate of a deceased nonresident alien is that part of his estate that at the time of death is deemed located in the United States. (IRC § 2103.) The primary rules for determining the situs of specific assets are included in […]

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Domicile v. Residency

July 03, 2013  |   Posted by :   |   Domicile   |   0 Comments

1. An Individual can have more than one place of residency 2. An Individual can have only a single domicile at one time 3. In Elkins v. Moreno (435 U.S. 647 (1978)) the IRS revoked its prior ruling and held that a non-immigrant alien who entered the United States with a G-4 Visa, formed the […]

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Domicile and Residence – The Same and Different

July 02, 2013  |   Posted by :   |   Domicile   |   0 Comments

Another concept that closely resembles and is often confused with domicile is “residence.” Residence does not, however, generally involve the requisite attitude of mind – the intent to remain permanently or indefinitely in a locality. Primarily, residence requires only physical presence in a particular locality, or an actual place of abode there. (See Stacher v. […]

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Domicile – Non–U.S. Citizen Residency for Estate, Gift, and Generation-Skipping Transfer Taxes

July 02, 2013  |   Posted by :   |   Domicile   |   0 Comments

A non-U.S. citizen is a U.S. resident for estate, gift, and GST tax purposes if he or she is domiciled in the United States at the time of the asset transfer in question. (Regs. §§ 20.0-1(b)(1), 25.2501-1(b); see also Farmers’ Loan & Trust Co. v. United States, 60 F2d 618 (SDNY 1932); Rodiek v. Comm’r, […]

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Determination of Federal Estate and Gift Tax Residence Domicile

July 01, 2013  |   Posted by :   |   Domicile   |   0 Comments

A. An alien is a resident for federal gift and estate tax purposes (whether or not he is a resident for federal income tax purposes) if the alien is domiciled in the U.S. at the time of his death. B. Declaration of Domicile. An alien acquires domicile in the U.S. if he is physically present […]

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For Estate And Gift Tax Purposes Residence Means Domicile

July 01, 2013  |   Posted by :   |   Domicile   |   0 Comments

For estate and gift tax purposes, residence means domicile. If an alien individual is not domiciled in the United States at the time he makes a gift, he is nonresident for gift tax pur­poses. (Treas. Reg. § 25.2501 -1 (b); F. Giacomo Fara Forni v. Commissioner, 22 T.C.M. 975 (1954).)  If he is domiciled outside […]

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Domicile – Definition Under U.S. Estate Tax Treaties

June 30, 2013  |   Posted by :   |   Domicile   |   0 Comments

In a situation where a U.S. estate tax treaty may be applicable, the same inquiry will arise with respect to the location of the decedent’s domicile. The U.S. bilateral estate tax treaties have their own rules to determine whether a foreign individual is a resident in the United States at the time of death. These […]

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