Publications
Domestic and Cross-Border Estate Planning
“The Curtain Is Descending on the Golden Age of U.S. Estate Planning: Use Existing Opportunities Before the Next Act Starts” 50 Bloomberg Tax Management International Journal No. 10 (October 10, 2021)
It was not until the Economic Recovery Tax Act of 1981 that United States citizens and domicillaries could leave an unlimited amount of wealth to a surviving spouse.
“Tax Planning and Compliance for Settlors of Foreign Asset Protection Trusts, Part One” 50 Bloomberg BNA Tax Management International Journal No. 7 (July 2, 2021)
Regardless of the reason, for those who have made the decision to move their asset protection planning offshore, this article is a guide to the tax consequences of doing so.
“Tax Primer for Settlors of Foreign Asset Protection Trusts: Part Two” 50 Bloomberg BNA Tax Management International Journal No. 8 (August 6, 2021)
The first part of this article discussed planning issues and opportunities when establishing foreign trusts with asset protection objectives. This part discusses the reporting requirements to which the settlors, trustee, and beneficiaries of such trusts are subject.
“Hard Times in the Land of Plenty: Depressed Asset Values Create Opportunities for Wealth Transfers for Non-U.S. Persons (Part 1)” 49 Bloomberg Tax Management International Journal No. 7 (July 10, 2020)
Stock market turmoil, adverse business conditions, and declining consumer confidence have combined in the context of a global pandemic to depress asset values. The ensuing damage to balance sheets notwithstanding, these conditions create opportunities for wealth transfers (at least for those who do not become victims of the current pandemic).
“Hard Times in the Land of Plenty: Depressed Asset Values Create Opportunities for Wealth Transfers for U.S. Persons (Part 2)” 49 Bloomberg Tax Management International Journal No. 9 (September 11, 2020)
This is the second part of an article focusing on estate planning opportunities arising from the COVID pandemic. Part One focused on planning for individuals who are neither U.S. citizens nor domiciled in the United States (“non-U.S. persons”). This part focuses on planning for U.S. citizens and non-citizens domiciled in the United States (“U.S. persons”).
“Impulse Buying in the Wake of Tax Reform: Reconsidering Structures for Foreign Ownership of U.S. Real Estate” 47 Bloomberg BNA Tax Management International Journal 475 (July 13, 2018)
Whatever the reason – stable government, attractive pricing relative to foreign markets, or simple convenience – individuals who are neither citizens nor residents of the United States (that is, non-resident aliens (“NRAs”)) continue to buy U.S. properties for personal purposes. Without proper structuring, ownership of U.S. property by an NRA leads to undesirable income and estate tax consequences.
“U.S. Gift, Estate, and Generation-Skipping Transfer Tax Planning for Cross-Border Couples” 45 Bloomberg BNA Tax Management International Journal 353 (June 10, 2016)
Borders are porous, especially when it comes to love. Nothing is simple, especially love. Among its many complexities are unintended tax consequences which arise when love leads to a cross-border marriage. That line ‘‘until death do us part’’ is really an omen about estate taxes and your beloved’s loss of his or her expected inheritance.
“Common Sense Thoughts on Asset Protection Planning” 5 Journal of Asset Protection Planning 9 ( (May/June 2000)
There are two underlying issues that pervade all asset protection planning. These issues must be recognized and considered regardless of the particular asset protection technique used. The se issue suggest the arguments most commonly advanced by creditor in response to asset protection planning:
1. No transfer of asset has been made.
2. The transfer, is made, was a fraudulent conveyance.