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Estate Planning for Resident and Nonresident Aliens

Navigating Estate, Gift, and GST Tax Rules; Leveraging Estate and Lifetime Gifting Opportunities

Recording of a 90-minute CLE/CPE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford CPE+ Pass. Click for more information.
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Conducted on Wednesday, February 1, 2023

Recorded event now available

or call 1-800-926-7926

This CLE/CPE course will focus on counsel's and tax advisers' challenges in estate planning for resident and nonresident aliens, focusing on relevant tax rules and potential estate planning pitfalls and opportunities. The panel will outline and analyze hypothetical estate planning scenarios for both groups.


With increasing high net worth clients acquiring citizenship or permanent residency in multiple countries, counsel and tax advisers should recognize estate planning issues. Counsel's initial inquiry establishes whether a new client is a U.S. income tax resident and a U.S. domiciliary.

Spouses and children may have different citizenships and residency statuses, which will also impact the estate plan. Many nonresident aliens have children/grandchildren who are U.S. income tax residents. There may be significant transfer tax advantages of gifts and bequests from nonresident aliens to U.S. persons.

Estate planning attorneys and tax advisers must also identify tax opportunities and risks for clients, understand the reporting issues that apply to the U.S. recipients of gifts, and anticipate problems that arise when non-U.S. individuals acquire or transfer U.S. assets.

Listen as our panel of estate planning attorneys experienced in international issues discusses the estate, gift, and generation-skipping transfer tax rules for resident and nonresident aliens. The panel will also outline basic planning scenarios and key potential trouble spots and opportunities.



  1. Estate, gift, and generation-skipping transfer tax rules
    1. U.S. residents
    2. Non-U.S. residents
    3. Effect of bilateral estate and gift tax treaties
  2. Sample estate planning scenarios
    1. U.S. legal permanent resident married to U.S. citizen
    2. Both spouses are U.S. legal permanent residents
    3. Nonresident alien married to U.S. citizen
    4. Nonresident alien with U.S. assets
  3. Potential troublespots
    1. Choosing executors/trustees
    2. Children with different citizenships
    3. Covered expatriates
  4. Potential opportunities
    1. Gifts/bequests by nonresident aliens
    2. Dynasty trusts
    3. Reporting issues for U.S. recipients


The panel will review these and other key issues:

  • What estate, gift, and generation-skipping transfer tax rules apply to resident and nonresident aliens?
  • What gift and bequest opportunities are available for transfer by nonresident aliens to U.S. persons?
  • What are the reporting issues for counsel when U.S. taxpayer clients are recipients of gifts and bequests from nonresident aliens?


Kayan, Marianne
Marianne Kayan

Ernst & Young

Ms. Kayan leads a collaborative team of professionals to address the cross border needs of high net-worth business...  |  Read More

Levin, Jeffrey
Jeffrey S. Levin

Senior Partner
Squire Patton Boggs

Mr. Levin’s practice includes federal, state and local taxation; estate planning, trusts and estates...  |  Read More

Packman, Kevin
Kevin E. Packman

Holland & Knight

Mr. Packman is an ACTEC Fellow and partner in Holland & Knight LLP’s Private Wealth Services Section where he...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. CPE credit is not available on recordings. All formats include course handouts.

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