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Nonresident Spouses: Tax Considerations for U.S. Citizens

Filing Status, Foreign Earned Income Exclusion, QDOTs, Gifting Strategies

Note: CLE credit is not offered on this program

Recording of a 110-minute CPE webinar with Q&A

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Conducted on Thursday, August 22, 2024

Recorded event now available

or call 1-800-926-7926

This webinar will review the tax choices that must be made by U.S. residents married to nonresidents. Our panel of foreign tax specialists will detail the critical income tax, gift tax, and estate tax concerns of these couples and offer recommendations to mitigate the overall tax burden of these taxes.

Description

Crucial tax decisions should be made by U.S. citizens or expats married to or considering marrying a nonresident. Benefits available to U.S. spouses, such as the unlimited marital deduction, a significant estate tax exemption ($13.61 million in 2024), and the $29,200 standard deduction, are either unavailable, curtailed, or require extra effort.

Although benefits are available when filing a joint return, such as the foreign earned income exclusion and foreign tax credits, the tax ramifications can be severe. The nonresident estate tax exemption is $60,000 vs. $13.61 million compared to a resident spouse. There are tax planning strategies that can be implemented to lower the impact of this meager exemption. International tax advisers need to be aware of the latest tax savings strategies that can significantly reduce the tax burden of nonresident spouses.

Listen as our panel of astute international tax professionals shares tax planning strategies for a nonresident alien spouse.

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Outline

  1. U.S. citizens with a nonresident spouse: overview
  2. Income tax considerations
    1. Married filing jointly
    2. Married filing separately
    3. Tax benefits
      1. Foreign earned income exclusion
      2. Foreign tax credits
  3. Trust and estate considerations
    1. Gifting
    2. Estate tax
    3. Qualified domestic trust (QDOT)
  4. Tax strategies

Benefits

The panel will cover these and other critical issues:

  • When married filing separately should be considered for U.S. citizens with foreign spoues
  • How a QDOT can be used in estate planning to preserve the marital deduction for a nonresident spouse
  • Tax strategies to circumvent the lower estate tax exemption for U.S. taxpayers married to nonresident aliens
  • Using the foreign earned income exclusion to lower U.S. income taxation

Faculty

Fontaine, Rebeccah
Rebeccah Fontaine
Senior Manager
Eisner Advisory Group

 Ms. Fontaine is a Senior Manager in the firm's International Tax Services group. With nearly 15 years of...  |  Read More

Sielicki, Christine
Christine Sielicki, EA
Senior Manager, Global Mobility Tax
Plante Moran

Ms. Sielicki is a manager within the Global Mobility team. She has over 15 years of experience in personal taxation and...  |  Read More

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