Are Non-Resident and Resident Aliens treated the same as US residents for the purposes of transfer taxes?
No. Gift and estate tax exemptions are available for US citizens and domiciliaries, however additional planning should be completed for non-resident and resident aliens to ensure compliance with US transfer tax laws. Residency for estate and gift tax is determined differently than residency for income tax purposes, therefore consulting with an attorney is important in order to accurately establish domicile and file correctly.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Estate Tax Articles
- What is the death tax and how does it affect estate planning?
- What is the estate tax exemption and how is it calculated?
- What is gift tax and how does it apply to making lifetime gifts?
- Why is there a key difference between estate tax in 2012 and 2013?
- Why should I plan my estate in 2012?
- Do I need an attorney to help with my estate planning?