‚ÄčEstate Planning | Probate | Business | Corporate | Asset Protection

Marc J. Soss, Esq.

(941) 928-0310 | mjs@fl-estateplanning.com


An individual who is not a U.S. citizen or resident (domiciliary) is a non-U.S. resident. Non-U.S. residents are subject to U.S. estate and gift taxation only on transfers of U.S. situs assets. Intangibles, such as stock in a corporation, are generally not U.S. situs property for gift tax purposes, but are for estate tax purposes. Non-U.S. residents have only a $60,000 exemption from the Federal estate tax, unless a treaty provides a greater exemption. Non-U.S. residents can make annual exclusion gifts, but if they are married to a non-U.S. resident, they cannot split gifts. Gifts to a spouse who is not a U.S. citizen (which includes green card holders) can be made up to only $139,000 this year (indexed annually), without incurring any gift tax. Transfers made to skip persons by non-U.S. residents are subject to GST tax only if the transfers are subject to gift or estate tax. Non-U.S. residents have a GST exemption of $1,000,000.