Non-resident aliens (NRAs)1 seeking to avoid U.S. estate tax on foreign trusts may find Internal Revenue Code Section 2104(b)2 to be particularly confounding and nettlesome. Under IRC Section 2104(b), some transfers of property, by trust or otherwise, made within three years of death or over which an NRA decedent retained certain types of interests or powers may be treated as part of that decedent’s U.S. gross estate; therefore, they’re subject to U.S. estate tax. The ...

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