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U.S.-Mexico Tax and Estate Planning: Key Issues and Advanced Techniques for Tax Counsel and Estate Planners

Applicable Tax Laws and Pitfalls to Avoid, Trusts, Real Property, Situs Wills, Wealth Transfers, and More

Recording of a 90-minute CLE/CPE video webinar with Q&A

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This program is included with the Strafford CPE+ Pass. Click for more information.
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Conducted on Monday, December 9, 2024

Recorded event now available

or call 1-800-926-7926

This CLE/CPE webinar will provide tax counsel and estate planners a comprehensive guide to estate planning tax challenges and opportunities for clients with a tax presence in both the U.S. and Mexico. The panel will discuss the tax law provisions governing tax and fiduciary rules in both Mexico and the U.S. The webinar will focus on the U.S. tax and other consequences for Mexican clients with a U.S. tax presence and U.S. taxpayers who own or plan to invest in Mexico-situs real estate and other assets.

Description

Many U.S. citizens and permanent residents have property interests in Mexico and vice-versa. Estate planning counsel and advisers must identify the tax and wealth transfer planning rules and opportunities specific to U.S. and Mexico citizens with assets and presence in both countries.

Mexico law has neither an estate tax nor the same property regimes. At the time of marriage, spouses must indicate whether the marriage entails joint or separate property treatment and this election can take precedence over an asset's title.

In many cases, donations, inheritances or transfers through trusts of Mexico-situs property to non-Mexican taxpayers is a taxable transaction requiring a tax payment in Mexico. Tax advisers to U.S. citizens with a tax presence in Mexico must ensure that U.S. and Mexico wills, trusts, and transfer provisions are appropriately coordinated to avoid costly tax consequences.

Mexico law also imposes restrictions on ownership of real property by non-Mexico citizens in specified locations. Particularly, U.S. taxpayers contemplating property purchases in border lines of Mexico or transfers of covered Mexico property must be aware of certain requirements.

Listen as our experienced panel provides guidance on planning the estates of clients with U.S. and Mexico tax presence, including interests in business entities, real estate, and financial accounts. The panel will cover the legal and tax considerations when planning for the disposition of each type of asset.

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Outline

  1. U.S. estate tax considerations for Mexico citizens qualifying as U.S. taxpayers
  2. Mexico wealth transfer regime
    1. No estate tax
    2. Treatment of joint property held with spouse
    3. When gifts or inheritances are treated as taxable income
    4. Cross-border ownership treatment
  3. Mexico residence and sourcing rules
  4. Ownership of Mexico real estate by non-Mexico citizens
    1. Restricted areas
    2. Fideicomisos: Mexican bank real estate trusts
    3. Restrictions
  5. Coordinating a Mexican will with U.S. will and trust documents
  6. Filing and reporting requirements; deadlines

Benefits

The panel will review these and other relevant topics:

  • What considerations impact U.S. taxpayers wishing to hold real estate or shares in Mexico?
  • Coordinating U.S. estate plan with Mexico wills and trusts
  • Treatment of inheritance of Mexico-situs property
  • Differences in U.S. and Mexico residency rules for purposes of sourcing taxable income

Faculty

Brittain, Cindy
Cynthia D. Brittain

Partner
Karlin & Peebles

Ms. Brittain serves as a trusted counsel to high-net-worth families in the United States and abroad to implement...  |  Read More

Grageda, Eugenio
Eugenio Grageda

Partner
Holland & Knight

Mr. Grageda is a tax attorney who focuses his practice on international aspects of taxation, covering both...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. CPE credit is not available on recordings. All formats include course handouts.

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