Structuring QDOTs for Non-Citizen and Nonresident Spouses: Deferring Tax Through Qualified Domestic Trusts
Overcoming Unfavorable Exemption Rules for Non-U.S. Spouses, Utilizing Portability, and Maximizing Asset Transfers
Recording of a 90-minute CLE/CPE webinar with Q&A
This CLE/CPE course will provide estate planning counsel advisers with a thorough and practical guide to the rules and structuring considerations to drafting qualified domestic trusts (QDOTs) for U.S. taxpayers with nonresident alien (“NRA”) spouses. The panel will offer specific guidance on when to best employ QDOTs, discuss the specific risks and benefits of the trusts, detail trustee and withholding requirements, and provide specific drafting examples.
Outline
- Estate tax exemptions for nonresidents
- Terms of QDOTs
- Withholding and trustee provisions
- Benefits and risks of QDOTs
- Key structuring examples
Benefits
The panel will review these and other key issues:
- What types of trusts qualify as QDOTs?
- Structuring withholding provisions that will meet IRS requirements for QDOT designation
- What specific trustee provisions and designations must a QDOT document contain to withstand IRS scrutiny?
- Tax consequences and inclusions on death of U.S. spouse under various QDOT structures
Faculty
Nancy Ortmeyer Kuhn
Shareholder
Shulman Rogers
Ms. Kuhn has a strong and diverse background in tax planning, tax policy, representation of taxpayers before the... | Read More
Ms. Kuhn has a strong and diverse background in tax planning, tax policy, representation of taxpayers before the IRS and general litigation. She supports clients including domestic and foreign high net-worth individuals, corporations, nonprofit organizations, and domestic and foreign limited liability entities in a variety of federal and state tax and non-tax matters and litigation in federal and state courts.
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John C. Martin
Founding Partner
The Law Offices Of John C. Martin
Mr. Martin provides counsel in estate planning, trust, probate, business succession, charitable gifting, and... | Read More
Mr. Martin provides counsel in estate planning, trust, probate, business succession, charitable gifting, and estate and trust litigation matters. He advises clients on general estate planning and tax issues, including establishment of living trusts, California property tax matters and appeals, guardianship for minor children, conservatorships for the disabled, federal capital gains tax, modification of irrevocable trusts, and retroactive trust funding by court petition to avoid probate at death. He is certified as a Specialist in Estate Planning, Trust and Probate Law by the State Bar of California’s Board of Legal Specialization.
CloseJonathan A. Mintz
Partner
Evergreen Legacy Planning
Mr. Mintz has more than 25 years’ experience in sophisticated case design and implementation for affluent... | Read More
Mr. Mintz has more than 25 years’ experience in sophisticated case design and implementation for affluent families, helping US and international families achieve their unique asset protection, estate and business planning objectives. He is an Adjunct Faculty at Chapman University Fowler School of Law, where he teaches Estate Planning to law school and graduate tax students. He is also the Chair of the Orange County Chapter of the Society of Trust and Estate Practitioners (STEP), an international organization of professionals who practice in the areas of trusts and estates and international law. He is a frequent national speaker to attorneys, CPAs, and insurance and financial professionals, and authored or co-authored numerous articles including those published in top industry publications such as Estate Planning Journal, the AICPA’s The Tax Adviser, and The Journal of Financial Service Professionals. He also co-authored the book Wisdom for the Wealthy: Solving the High Net Worth Planning Puzzle (Crescendo Publishing 2015).
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