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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.

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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified estate tax lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local estate tax attorney to discuss your specific legal situation.

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