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Friday, 05 December 2025 08:40

Lifetime Gifts and Testamentary Transfers by US Grantors to Non-Citizens

Lifetime Gifts and Testamentary Transfers by US Grantors to Non-Citizens

Article Written for:  TaxStringer, the NYSSCPA's (New York Society of Certified Public Accountants)


US Estate and Gift Tax on US Citizens and Domiciliaries

The US estate and gift tax is imposed on lifetime gifts and the “gross estate” of US citizens and domiciliaries (residents who intend to stay in the US indefinitely).[1]

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Wednesday, 03 September 2025 16:20

SCOTUS Brightens Constitutional Tax Lines Through Contrasting Judicial Perspectives

SCOTUS Brightens Constitutional Tax Lines Through Contrasting Judicial Perspectives

Article Written for:  Florida Bar Journal

The U.S. Supreme Court ruled on three significant federal tax cases last year. The rulings significantly impact tax policy and illustrate the contrasting perspectives of the justices. 

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Monday, 21 April 2025 13:22

SCOTUS Brightens Constitutional Lines on Regulatory Authority

SCOTUS Brightens Constitutional Lines on Regulatory Authority

Article Written for:  Florida CPA Today Magazine, FICPA Florida Institute of Certified Public Accountants

The Supreme Court of the United States (SCOTUS) ruled on three significant cases in 2024, all of which, though unrelated in substance, will significantly impact future tax policy.

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Tuesday, 07 January 2025 09:21

SCOTUS Exposes All Regulations to Court Scrutiny in Loper Bright

SCOTUS Exposes All Regulations to Court Scrutiny in Loper Bright

Article Written for:  TaxStringer, the NYSSCPA's (New York Society of Certified Public Accountants)

In Loper Bright Enterprises et al. v. Raimundo, 544 F. Supp. 3d 82, 103-04 (2021), the U.S. Supreme Court overturned the Chevron doctrine, a policy of deferring court discretion to federal agency regulations. Chief Justice Roberts authored the majority (6-3) opinion.

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Monday, 09 December 2024 11:55

SCOTUS Addresses Constitutional Challenge to Mandatory Repatriation Tax

SCOTUS Addresses Constitutional Challenge to Mandatory Repatriation Tax

Article Written for:  TaxStringer, the NYSSCPA's (New York Society of Certified Public Accountants)

In Moore v. U.S. (36 F. 4th 930), the U.S. Supreme Court ruled on a constitutional challenge of IRC section 965, the mandatory repatriation tax (MRT).

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Friday, 04 October 2024 11:47

Pre-Immigration Planning and the Foreign Trust

Pre-Immigration Planning and the Foreign Trust

Article Written for:  Florida CPA Today Magazine, FICPA Florida Institute of Certified Public Accountants

For U.S. income tax purposes, foreign trusts are treated as non-resident/non-citizens (NRNC), subject to U.S. income tax only on U.S. source income.[1]

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Monday, 04 March 2024 19:00

Pre-Immigration Planning with the Foreign Trust: The Intersection of Income and Estate Tax

Pre-Immigration Planning with the Foreign Trust: The Intersection of Income and Estate Tax

Article Written for:  Florida Bar Journal

A foreign trust is generally treated as a non-resident/non-citizen (NRNC) for U.S. tax purposes. Foreign trusts are therefore subject to U.S. income tax only on U.S. source income.[1]

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Monday, 13 November 2023 08:46

Foreign Trusts: Income Tax and the Nonresident Noncitizen Grantor

Foreign Trusts: Income Tax and the Nonresident Noncitizen Grantor

Article Written for:  the CPA Now, PICPA Pennsylvania Institute of Certified Public Accountants 

Foreign trusts generally incur taxable income similar to nonresident noncitizen (NRNC) individuals, with certain limitations on credits and deductions that are source income.1

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Tuesday, 22 August 2023 20:00

Foreign Trusts: Income Tax and the U.S. Grantor

Foreign Trusts: Income Tax and the U.S. Grantor

Article Written for:  the CPA Now, PICPA Pennsylvania Institute of Certified Public Accountants 

A foreign trust is generally treated as a nonresident noncitizen (NRNC) holding for U.S. income tax purposes. Therefore, foreign trusts are subject to U.S. income tax only on U.S. source income.[1]

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Thursday, 08 June 2023 12:41

The Inheritance Tax under IRC §2801

The Inheritance Tax under IRC §2801

Article Written for:  TaxStringer, the NYSSCPA's (New York Society of Certified Public Accountants) 

The Heart Act added a new federal Inheritance Tax on certain lifetime and testamentary dispositions to U.S. recipients, made by a “covered expatriate.” This is the second article in our two-part series on the expatriation tax.

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