Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: W. Aaron Hawthorne, Managing Director, Andersen Tax, Dallas

Similar documents
Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Dean C. Berry, Partner, Cadwalader Wickersham & Taft, New York

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

U.S.-Israeli Estate Tax Planning for Dual Citizens

Springing the Delaware Tax Trap: Drafting Limited Powers of Appointment to Increase Asset Income Tax Basis

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Brian E. Hammell, Esq., Sullivan & Worcester, Boston

Estate Planning and Tax Reform: Wealth Transfer Structures Under the New Tax Law

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

New Section 199A: Structuring Real Estate Transactions to Take Advantage of the Qualified Business Income Deduction

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

QDRO Drafting Boot Camp: Preparing QDROs for 401(k)s and Similar Defined Contribution Plans

Foreign Investment in U.S. Real Estate: Impact of Tax Reform

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Structuring Equity Compensation for Partnerships and LLCs Navigating Capital and Profits Interests Plus Section 409A and Tax Consequences

Impact of Tax Reform on ABLE Accounts and Special Needs Trusts: Guidance for Elder Law Attorneys

Private Investment Funds and Tax Reform

Anthony Korda, Atty, The Korda Law Firm, Naples, Fla. Richard S. Lehman, Atty, United States Taxation and Immigration Law, Boca Raton, Fla.

Completion Guaranties in Construction Lending: Key Provisions for Lenders and Guarantors

Scott J. Bakal, Partner, Neal Gerber & Eisenberg, Chicago Robert C. Stevenson, Attorney, Skadden Arps Slate Meagher & Flom, Washington, D.C.

Protecting Business Assets From Creditors in Litigation: Strategic Choice of Entities, Avoiding Fraudulent Transfers

Survivor Benefit Plans and Military Divorce: Defending Against or Claiming Former-Spouse SBP Coverage

Looking Beyond Our Borders:

Commercial Lease Negotiations: Property and Liability Insurance, Proof of Coverage, AI and Loss Payee Issues

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Meritas Capability Webinar U.S. Tax and Estate Planning for Foreign Persons

Attendees seeking CPE credit must listen to the audio over the telephone.

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: James O. Lang, Shareholder, Greenberg Traurig, Tampa, Fla.

Foreign Earned Income: Exclusion and Other Tax Issues for Expat Workers

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

VA Benefits and Medicaid Eligibility

Presenting a 90 minute encore presentation featuring live Q&A. Today s faculty features:

Cindy D. Brittain, Partner, Katten Muchin Rosenman, Los Angeles Anne Guichard, Legal Specialist, De Buhren Montes Bigot Guichard Lucas Maudet, Paris

Universal Health Services v. Escobar: Avoiding Implied Certification Liability Under FCA

Estate & Gift Tax Treatment for Non-Citizens

Structuring Equity Compensation for Partnerships and LLCs Navigating Capital and Profits Interests Plus Section 409A and Tax Consequences

International Trade and/or Investment Affords Opportunities

Form 4970 and Form 1041 Schedule J Accumulation Tax: Reporting Distributions From Foreign Trusts

Protecting Trademarks Abroad: Madrid Protocol vs. National Filing Directly in Foreign Jurisdiction

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Private Company Services. U.S. Estate and Gift taxation of resident aliens and nonresident aliens

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Allocating Operating Expenses in Commercial Real Estate Leases: Negotiating Strategies for Landlords and Tenants

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Executive Compensation: Tax and Other Considerations for Restricted Stock Awards

Asset Sale vs. Stock Sale: Tax Considerations, Advanced Drafting and Structuring Techniques for Tax Counsel

ERISA Pre-Approved and Customized Benefit Plans: Overhauled IRS Procedures and Determination Letter Process

Clearing Title for Defects Due to Mortgage-Related Issues, Legal Description Errors, and Foreclosure

Investment Adviser Advertising Rule: New SEC Guidance and Best Practices for Compliance

Estate Planning With Grantor Trusts: Leveraging GRATs and IDGTs to Minimize Taxes, Preserve and Transfer Assets

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Foreign Earned Income: Form 2555 Exclusion Reporting and Other Tax Issues for Expat Workers

Form 1040NR Filing Challenges and Effective Approaches

Financing Multi-Family Housing: Structuring the Low Income House Tax Credit and Tax-Exempt Bonds Documenting Transactions for Investors and Developers

Exercising Setoff and Recoupment Rights in Bankruptcy

Property Management and Leasing Agreements: Key Provisions for Multi-Family, Office, Retail and Industrial Properties

Tax Challenges for NPO Counsel: Excess Benefit Transactions for Executive Comp and Other Financial Dealings

Cross-Border Estate Planning After Tax Reform: New Opportunities and Obligations

Tax Guide For Foreign Investors In U.S. Residential Real Estate

Auto Injury Claim Recovery: Maximizing Pain and Suffering, Loss of Future Earning Capacity Damages

Fiduciary Compliance in ESOP Transactions: Recent DOL Settlement Agreements

Private Equity Real Estate Fund Formation: Capital Raising, Regulatory Issues and Negotiating Trends

Using Partnership Flips to Finance Renewable Energy Projects: Evaluating Tax Risks, Navigating IRS Safe Harbors

Drafting Income-Only Trusts for Medicaid Eligibility and Tax Planning

Estate Planning for Non-U.S. Citizens

Private Equity Waterfall and Carried Interest Provisions: Economic and Tax Implications for Investors and Sponsors

Creatively Completing The Capital Stack: Real Estate GP Private Equity Funds

Final IRS Sect. 67(e) Regs for Estate and Trust Taxpayers: Applying the Required 2% Deduction Floor

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Using Partnership Flips to Finance Renewable Energy Projects: Evaluating Tax Risks, Navigating IRS Safe Harbors

Tax Planning for US Bound Clients

Estate Planning for the Multinational Family. Steven L. Cantor Cantor & Webb P.A., October 15, 2015

Leveraging Earnings-Stripping Regs for Foreign Investments: Maximizing Tax Savings, Minimizing IRS Scrutiny

Advanced Trust Drafting for Income Tax Minimization: Including Capital Gains in DNI, Push-Outs and More

Fraudulent Conveyance Exposure for Intercorporate Guaranties, Integrated Transactions and Designated-Use Loans

ERISA Retirement Plan Investment Management Agreements: Guidance for Plan Sponsors to Minimize Risks

401(k) Plan Nondiscrimination Testing: Guidance for Employee Benefits Counsel

Section 704, Targeted Allocations, and the Distribution Waterfall: Overcoming Challenges Absent IRS Guidance

ERISA Compliance and Monitoring 401(k) Investments: Safe Harbor Rules and Appointing Advisers

M&A Indemnification Deal Terms: 2017 Survey Results

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Elizabeth A. Gartland, Esq., Fenwick & West, San Francisco

Structuring Leveraged Loans After Tax Reform: Concerns for Multinational Entities

EXPAT TAX HANDBOOK. Non-Citizens and U.S. Tax Residency. Tax Year Ephraim Moss, Esq Ext 101

Form W 8BEN and W 9 Compliance in

Using Inverted Leases to Finance Renewable Energy Projects

TAX PLANNING FOR FOREIGN INVESTORS Table of Contents

FCPA Due Diligence in M&A Amid Increased Enforcement

Opinion Letters in Commercial Real Estate Best Practices to Minimize Risk When Crafting Third Party Opinions on Loans and Acquisitions

Sandra Hernandez, Managing Director, WTAS, Los Angeles Jeanne Sullivan, Director, National Pass-Throughs Group, KPMG, Washington, D.C.

Tax Allocation in Pass-Through Entities

Corporate Governance of Subsidiaries: Board Roles and Responsibilities, Interplay With Parent Board, Liability Risks

30(b)(6) Depositions in Insurance Coverage and Bad Faith Litigation Preparing and Responding to Notices of Corporate Representative Depositions

Susan J. Merritt, Senior Vice President Senior Fiduciary Officer, Northern Trust, Newport Beach, Calif.

Interest Rate Hedges in Real Estate Finance: Placing Swaps, Caps, and Collars on Floating Rate Loans

UCC Article 9 Blanket Asset Lien Exclusions and Purchase Money Security Interests

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Foreign Nationals Financial Professional Guide

SBA Lending: Documenting, Closing and Servicing 7(a) and CDC/504 Loans

Trucking and Auto Injury Cases: Deposing Accident Reconstruction and Biomechanical Experts

Tax Reporting and Reconciliation of Hedge Fund and Other Alternative Investment Fund K-1s

High Volatility Commercial Real Estate Loans: Guidance for Developers and Lenders on HVCRE Rules and Loan Covenants

Estate Planning for Foreign Nationals

Transcription:

Presenting a live 90-minute webinar with interactive Q&A U.S.-Mexican Tax and Estate Planning for Cross-Border Clients Reconciling U.S. and Mexican Law on Trusts, Ownership of Real Property, Situs and Wealth Transfers TUESDAY, NOVEMBER 14, 2017 1pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: W. Aaron Hawthorne, Managing Director, Andersen Tax, Dallas Raoul Rodriguez, CFP, EA, Wealth Manager, Pinnacle Advisory Group, Miami Charles Tibshirani, Senior Partner, MEXLAW, Playa del Carmen, Mexico The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10. NOTE: If you are seeking CPE credit, you must listen via your computer phone listening is no longer permitted.

Tips for Optimal Quality FOR LIVE EVENT ONLY Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory, you may listen via the phone: dial 1-866-961-9091 and enter your PIN when prompted. Otherwise, please send us a chat or e-mail sound@straffordpub.com immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. NOTE: If you are seeking CPE credit, you must listen via your computer phone listening is no longer permitted. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.

Continuing Education Credits FOR LIVE EVENT ONLY In order for us to process your continuing education credit, you must confirm your participation in this webinar by completing and submitting the Attendance Affirmation/Evaluation after the webinar. A link to the Attendance Affirmation/Evaluation will be in the thank you email that you will receive immediately following the program. For CPE credits, attendees must participate until the end of the Q&A session and respond to five prompts during the program plus a single verification code. In addition, you must confirm your participation by completing and submitting an Attendance Affirmation/Evaluation after the webinar and include the final verification code on the Affirmation of Attendance portion of the form. For additional information about continuing education, call us at 1-800-926-7926 ext. 35.

Program Materials FOR LIVE EVENT ONLY If you have not printed the conference materials for this program, please complete the following steps: Click on the ^ symbol next to Conference Materials in the middle of the lefthand column on your screen. Click on the tab labeled Handouts that appears, and there you will see a PDF of the slides for today's program. Double click on the PDF and a separate page will open. Print the slides by clicking on the printer icon.

US - Mexican Tax and Estate Planning Cross-Border Clients November 14, 2017 5

MEXICAN LAW Legislative Background Legislative Background Republic (Federation) Federal Jurisdiction State Jurisdiction Local Municipal Jurisdiction 6

US Probate Process Translation Apostil MEXICO WILLS Conflict of Wills Delays 7

TITLING REAL ESTATE Restricted Zone Trust Residential Property Bank Trustee Substitute Beneficiaries Title, Possession, Usufruct Mexican Corporation Other Areas 8

MARRIAGE Combined Assets Separate Assets Foreign Marriages 9

MEXICAN WILLS AND PROBATE STRUCTURE Types of Mexican Wills Parties Registration Revocation Probate process Ab Intestate Successions 10

ESTATE TAXES IN MEXICO Residents and Non-residents Legal Residence versus Tax Residence Other Estate Planning Documents Powers of Attorney Advance Appointment for Medical Instructions Advance Appointment for Guardians 11

Overview of U.S. Taxation For U.S. income tax purposes an individual that is not a U.S. citizen, is either A U.S. Resident Alien or A Non-Resident Alien ( NRA ). The U.S. Internal Revenue Code contains different tests for residence for income tax and estate and gift tax. An alien may be a resident for income tax but not estate and gift tax. And the vice versa, but much less likely! 13 13

Taxation of U.S. Citizens Income tax: Worldwide taxation, irrespective where reside. US citizen even if have other passports. Double taxation avoided through foreign tax credits. Taxation of income of non-u.s. corporations if certain requirements are met under U.S. anti-deferral provisions (also special non-u.s. trust rules). Significant compliance: annual returns + information returns. Estate and gift tax: Taxable on worldwide transfers testamentary and lifetime over a certain amount ($14k annually or $5.49m lifetime). Tax return filings required when exceed $14k in the year or most transfers to trusts or similar entities. 14 14

Income Tax Information Reporting Form 8832 Entity Classification Election Form 8833 Treaty Based Return Position Form 926 Transfers to a Foreign Corporation Form 5471 Owner/Officer relationships with Foreign Corporations Form 5472 Foreign ownership of U. S. Corporation Form 8865 Ownership of Foreign Partnerships Forms 3520/3520-A Foreign Trusts/Gifts Form 8858 Foreign Disregarded Entities Form 8938 Statement of Specified Foreign Financial Assets (for 2011 and going forward) Form 5713 - International Boycott Report Form 8854 Initial and Annual Expatriation Statement FBAR Form 114/114A Report of Foreign Bank and Financial Accounts Form 8621 Passive Foreign Investment Companies 15 15

How does a non-u.s. Citizen become subject to the same tax fun? Two Tests: 1. Lawful Permanent Resident ( Green Card ) Test: At any time during taxable year (See 7701(b)(1)(A)(i) and (6)). Initially based on U.S. immigration law, but then applies for tax purposes even if holder is ineligible to enter U.S. Thus, an alien who receives a Green Card is considered a U.S. resident until the green card is revoked (and has not been administratively or judicially determined to have been abandoned). OR 16 16

How to become a U.S. Income Tax Resident (Continued) 2. Substantial Presence Test (See 7701(b)(1)(A)(ii) and (3)). In the U. S. for 31 days in current year and the current year days + 1/3 of the first prior year days + 1/6 of the second prior year days => 183 days Never round up, Reg. 301.7701(b)-1(c)(1) Will not meet test, if: If never present in U.S. more than 122 days; or File a U.S. return and Meets the Closer Connection exception 7701(b)(3)(B). Certain specified types of visas are exempt from day count (diplomats, students, teachers, medical, charitable sport) 7701(b)(5). IF meet either statutory test, then consider residency definition under any applicable income tax treaty. 17 17

U.S. Income Taxation of NRAs Not taxed on worldwide income. Income Tax only on U.S. source income: Two regimes identify the source: Passive Income. Business Income. Generally not subject to information reporting. UNABLE to file jointly with a resident/citizen spouse. 18 18

U.S. Transfer Taxation of NRAs Nonresidence = Not domiciled within the U.S. Reg 20.0-1(b). Not taxed on worldwide gratuitous transfers of assets. Gift Tax U.S. situs tangible or real property. Still eligible for annual exclusion of $14,000 per donee No gift splitting with spouse. Estate Tax U.S. situs property, including intangible, tangible and real property, with exemption of only $60,000. 2101-2108 Beware: revocable transfers and transfers within 3 years of death of any U.S. situs property which the decedent has transferred, by trust or otherwise, if the property is situated in the U.S. at the time of transfer or at the time of the decedent s death. Use of blocker corporations requires careful planning. No unlimited marital deduction but allowed annual exclusion gift to noncitizen spouse of $149,000 (inflation indexed). 2523(i) 19 19

U.S. Transfer Taxation of NRAs The United States has Estate, Gift or Estate & Gift tax treaties with the following countries: Australia (Estate Treaty, Gift Treaty) Austria (Estate & Gift Treaty) Belgium (Estate Treaty) Canada (1995 Protocol) Denmark (Estate & Gift Treaty) Finland (Estate Treaty) France (Estate & Gift Treaty) Germany (Estate & Gift Treaty) Greece (Estate Treaty) Ireland (Estate Treaty) Italy (Estate Treaty) Japan (Estate & Gift Treaty) Netherlands (Estate Treaty) Norway (Estate Treaty) South Africa (Estate Treaty) Sweden (Estate & Gift Treaty) Switzerland (Estate Treaty) United Kingdom (Estate & Gift Treaty) 20 20

Consequences of U.S. Estate and Gift Tax Residency An alien who is a U.S. resident for U.S. estate and gift tax purposes is taxed in a manner similar to a U.S. citizen on worlwide gifting. In addition, an alien who is a green card holder also is subject to the U.S. expatriation provisions if held the green card for 8 out of 15 years prior to expatriation. 21 21

U.S. Taxation Summary Tax Type Tax Immigrant Status Income Transfer Exit Citizen 1 Worldwide Worldwide Yes Long-term Resident Alien (LTRA) Worldwide? Yes Resident Alien (RA) Worldwide? No Resident Non-citizen (RNC)? Worldwide No Nonresident Alien (NRA) U. S. only? No Nonresident Non-citizen (NRNC)? U. S. only No 1 Some variation for citizens of American Possessions (Puerto Rico, Guam, etc.) 22 22

Comparison of Taxing Regimes Resident Non-Resident Resident aliens are taxed on their worldwide income derived from: ANY source. ANY location. Normally taxed on income derived from U.S sources that is not effectively connected with a U.S. trade or business ( FDAP ); and Income that is "effectively connected" with a U.S. trade or business. 24 24

Comparison of Taxing Regimes Resident U.S. employment income Foreign employment income U.S. passive income Foreign passive income U.S. Capital Gains Foreign capital gains Income for CFC s/pfic s Maybe subject to Exit Tax Gifts of anything to anyone, during life or at death Non-Resident U.S. employment income (if married, unable to file jointly) Certain U.S. passive income (if U.S. source like rent of U.S. real estate) For exempt individuals, U.S. source capital gains if in U.S. in excess of 182 days U.S. Real Estate Gains No Exit Tax Gifts, while living or at death, of property within the U.S. 25 25

U.S. TAX COMPLIANCE & PLANNING 26 26

Obligations of U.S. Citizens and those that are U.S. Residents for the year Taxed on Worldwide Income. Individual Income Tax Reporting (Form 1040), tax due April 15. Informational Reporting: Form 8938 (FATCA) & Foreign Entities (Forms 926, 5471, 8621, 8858 and 8865) generally due with Form 1040 FBAR (FinCEN Form 114) - Note FBAR is not a tax return - due Oct. 15. Receipt of Large Gifts/Bequests from Foreign Persons and Transactions with/distributions from Foreign Trusts (Form 3520) due March 14 or April 15. Impact of Treaty Residency Tie-breaker on informational reporting. 27 27

Obligations of Nonresident Alien Taxed on U.S. Source Income. Income Tax Reporting (Form 1040NR), required when any business in the U.S. tax due April 15 Informational Reporting: Must file to claim Closer Connection Exception Tax Treaty benefits Exempt days in the U.S. for any status other than in the U.S. on visa as foreign government related status (diplomatic visas). 28 28

Current Alternatives to Correct U.S. Tax and Reporting Non-Compliance Fresh Start. Voluntary Disclosure Practice - Internal Revenue Manual Disclosure (9.5.11.9). 2014 Offshore Voluntary Disclosure Program: Opt-Out. Transitional Treatment to Streamlined. Streamlined Foreign/Domestic Offshore Procedures. Delinquent FBAR Submission Procedures. Delinquent International Information Return Submission Procedures. IRS indicates that these programs/procedures are only options to remedy offshore compliance issues. 29 29

U.S. Tax Reporting related to Mexican Trusts Typical fideicomiso or Mexican Land Trust not a trust for U.S. tax purposes, Rev. Rul 2013-14 For a U.S. person that is beneficiary, trustee, grantor or deemed grantor must carefully consider U.S. reporting and income tax implications If only a beneficiary, then the U.S. person will need to report a distribution with Forms 3520-A and 3520 at time of distribution. Must determine if trust is a grantor or non-grantor trust, considering 672(f), and whether the actual or deemed grantor is a U.S. person. If a U.S. person grantor then the grantor will have Form 3520 filing obligations and treatment of the trust as a grantor trust, that is all activity reportable by the grantor. If a non-u.s. person grantor, then must plan for potential throwback tax for the U.S. beneficiaries 30 30

U.S. tax issues of Mexicans becoming U.S. taxpayers How to become a U.S. taxpayer: a) get a Green Card b) spend too much time in the U.S. How much is too much time, depends on whether asking for income or estate tax. For Estate tax it s not defined, but depends on domicile For Income tax it s 183 days in a single calendar year or based on a 3 year average test Complex set of exceptions and elections, including a special Mexican commuter rule for a person that lives in Mexico and commutes to work in the U.S. Once you get it, it s hard to get rid of due to anti-lapse rules. U.S.-Mexico Treaty does help, but merely using the benefits of the treaty can have tax implications for anyone that ever had a green card. 31 31

U.S. tax issues of Mexicans becoming U.S. taxpayers If you can t avoid U.S. residency: 1) Know your U.S. residency start date 2) Consider accelerating or deferring income 3) Realize gains or losses before or after start date. 4) Review non-u.s. holdings for potential traps and difficult reporting issues. 5) Consider completing gifts before start date. 32 32

U.S. tax issues of Mexicans buying U.S. Vacation Home How confident are you that no family member will become domiciled in the U.S. Even if no concern about domicile plan ahead for reporting required when property sold. If any concern then consider owning property in either a trust or a Non-U.S. corporation to protect against potential estate tax. If no income from property then may not need to make any U.S. tax filings. 33 33

Thank You W. Aaron Hawthorne Andersen Tax aaron.hawthorne@andersentax.com Raoul Rodriguez Pinnacle Advisory Group rrodriguez@pinnacleadvisory.com Charles Tibshirani MEXLAW tibshirani.c@mexlaw.ca 34