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Usufructs: U.S. Taxation and Information Reporting, Minimizing Inheritance Tax in Other Countries

Form 3520, FATCA, and FBAR Reporting Requirements

A live 110-minute CPE webinar with interactive Q&A

This program is included with the Strafford CPE Pass. Click for more information.
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Thursday, November 20, 2025

12:00pm-1:50pm EST, 9:00am-10:50am PST

Early Registration Discount Deadline, Friday, October 24, 2025

or call 1-800-926-7926

This webinar will explore the use of usufructs in inheritance planning and the U.S. tax obligations these arrangements can create. Our seasoned international tax professional will provide examples explaining how usufructs are utilized to mitigate gift and estate tax in specific countries and when these contracts create U.S. reporting requirements.  

Description

A usufruct is a grant of legal rights made by a now "bare" or "naked" owner to another party, to temporarily live in, derive income, or otherwise benefit from the use of real property. Usufructs are an integral part of estate plans in France, as well as other European and Latin American countries. 

In France, for example, when a parent gifts a property ownership interest to a child, the distribution value of the transfer is determined based on a scale the uses the age of the usufructuary, the grantee, resulting in a much lower gift value than the property's market value. The real estate then receives a basis step-up at the grantor's death and is not included in the deceased's estate. 

Even though usufructs can provide significant inheritance tax savings in other countries, the U.S. tax consequences may differ. A donor's retained interest or powers could cause Section 2036 inclusion of the asset in the estate at death. And, failure to meet required U.S. reporting obligations can lead to substantial penalties for unwary taxpayers. 

Listen as our astute foreign tax adviser addresses the tax treatment of usufructs in the U.S. and offers advice on complying with reporting obligations, including steps to absolve past noncompliance. 

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Outline

  1. Usufructs: introduction
  2. Treatment for U.S. tax purposes
  3. Gift and estate tax
  4. French usufructs
  5. Usufructs in other countries
  6. FBAR, FACTCA, and Form 3520 reporting requirements
  7. Late-filing remedies

Benefits

The panel will cover these and other critical issues:

  • When a usufruct holder might be considered a controlled foreign corporation
  • How usufructs operate to mitigate inheritance tax in specific countries
  • When a usufruct might trigger Form 3520 and FBAR reporting obligations
  • Remedies available for late and missed required U.S. reporting requirements

Faculty

Santa, Mishkin
Mishkin Santa, JD, LLM, TEP

Principal, Director of International Tax
The Wolf Group

Mr. Santa focuses his practice on repatriation tax, as well as individual income tax compliance, estate, gift &...  |  Read More

Attend on November 20

Early Discount (through 10/24/25)

CPE credit processing is available for an additional fee of $39.
CPE processing must be ordered prior to the event. See NASBA details.

Cannot Attend November 20?

Early Discount (through 10/24/25)

CPE credit is not available on downloads.

CPE On-Demand

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