The following are a sample list of representative matters:
- A Swiss national is a high level executive for a Swiss pharmaceutical company at its U.S. headquarters. We work with this client to determine his ability to escape the U.S. exit tax upon his return to Switzerland. We work with the client to adjust the executive’s restricted stock and stock options to shift them to a foreign entity, thereby avoiding U.S. federal estate tax in the future.
- When working with an executive from Greece, it is discovered that income from foreign accounts was never reported on his U.S. income tax returns. We work with this client to determine if he should enter into the IRS’s Offshore Voluntary Disclosure Initiative. We determine the liability involved and work with the client to become compliant with all IRS income tax reporting requirements.
- A wealthy business owner in Hong Kong dies owning U.S. real property. Ancillary probate needs to be filed in U.S. in order to change title to the real estate. In addition, all relevant U.S. federal and state tax filings are prepared and filed.
- A wealthy U.S. person has been spending more and more time at her home in the U.K. It is possible she may decide to become a resident there. She has some assets in the U.S. and some in the U.K., including real estate. We work with her to determine the tax consequences of being resident in either jurisdiction and then pick a jurisdiction and plan her estate to minimize transfer taxes.
- A business owner is a citizen and resident of Germany. The owner is considering relocating to the U.S. on a permanent basis. Before the owner is considered a U.S. person for U.S. estate tax purposes, we create and fund a U.S. dynasty trust for the benefit of the business owner’s heirs, avoiding U.S. estate and gift tax.
- A wealthy foreign investor wishes to purchase U.S. real estate. If the property is purchased using an entity rather than individually, it can be treated as an intangible for U.S. estate tax purposes, thereby avoiding U.S. estate tax at the death of the client. However, ownership in an entity may trigger corporate taxes, branch profits tax and personal income tax consequences to the investor that can outweigh savings in estate tax. We consider the client’s intended use of the property, the time horizon for owning the property and resulting taxes to determine the best form of ownership.
- A business owner wonders how to begin transferring wealth to heirs. We create a grantor-retained annuity trust (“GRAT”) and fund it with shares of the business. The value of the shares are discounted due to their lack of marketability and minority interest at the time of the transfer. Later, upon a sale of the business, the appreciated value of the shares passes to the business owner’s heirs free of transfer tax.