Do You Hold US Assets?

If you hold assets in the USA, you should be aware of an issue that has started to arise in estates in which there are US shareholdings, especially where these are managed by brokers in the US.

The US Internal Revenue Service (IRS) requires that any estate with US assets files an Estate Tax return, following which it will issue a certificate to give clearance for the estate assets to be released. Normally, this procedure, although often lengthy, is straightforward.

Recently, however, instances have been reported where brokers holding shares have demanded that estates register with the IRS as if they were financial institutions, in order to comply with the US Foreign Account Tax Compliance Act. This is a much more onerous administrative burden.

If your estate includes foreign assets (including properties), this can add to the complexity of its administration, the tax issues involved and, where there is a compulsory inheritance regime in force, inheritance issues.

Subscribe to our newsletter

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.