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Fiduciary Income & Estate Tax Issues with Foreign Beneficiaries of Estates & Trusts (Currently Unavailable)

Author: Klaralee R. Charlton

CPE Credit:  2 hours for CPAs
2 hours Federal Tax Related for EAs and OTRPs
2 hours Federal Tax Law for CTEC

Per the IRS Education Provider Standards this course must be COMPLETED by 12/31/2024 to receive credits. NOTE: Go to My Professional Profile in your CCH CPELink account settings to ensure your name, and PTIN number; matches your PTIN card

Foreign beneficiaries introduce an additional level of complexity to the estate tax and fiduciary income tax reporting processes. Delays in corresponding with these beneficiaries and potential language barriers further complicate the tax preparation process especially when left until the last minute. In this course you will learn how a foreign beneficiary of a U.S. estate or trust adds to the overall reporting burdens from an estate tax or fiduciary income tax perspective. A review of the necessary forms which must accompany each return will also be included. Attendees should have a general understanding of both estate tax and fiduciary income tax before taking this course.

Publication Date: August 2021

Designed For
Attorneys, CPAs, and Enrolled Agents.

Topics Covered

  • Brief Review of Estate and Fiduciary Income Tax
  • Obtaining a Tax ID Number for a Foreign Beneficiary
  • Estate Tax Reporting Issues
    • Noncitizen Beneficiary
    • Noncitizen Spouse
    • Withholding Obligations for Foreign Beneficiaries
    • How Foreign Tax Treaties Impact Reporting Obligations
    • Planning Opportunities to Avoid Complexity

    Learning Objectives

    • Recognize how to advise clients on the additional reporting requirements associated with a foreign beneficiary
    • Identify the importance of communicating with foreign beneficiaries early in the estate or trust administration process to avoid unnecessary delays
    • Describe the necessary forms and disclosures for estate tax and fiduciary income tax associated with a foreign beneficiary of a U.S. estate or trust
    • Recognize how to evaluate the reporting obligations related to a foreign beneficiaries receiving a distribution from a U.S. estate or trust
    • Recognize how to analyze planning techniques to minimize administrative complexity related to foreign beneficiaries
    • Identify under which circumstances Form 706 is filed
    • Identify which form should be completed by US citizen beneficiaries
    • Recognize the annual limit for transfers of funds out of the United States to a foreign beneficiary
    • Describe the the withholding rate for capital gains generated on the sale of real estate distributed to a foreign beneficiary

    Level
    Intermediate

    Instructional Method
    Self-Study

    NASBA Field of Study
    Taxes (2 hours)

    Program Prerequisites
    Basic understanding of estate planning.

    Advance Preparation
    None

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