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Transfers from AbroadTransfers from Abroad

Advisors to U.S. clients increasingly are faced with questions regarding the U.S. gift, estate, generation skipping transfer (GST) and income tax consequences of transfers from non-resident aliens to, or for, the benefit of their U.S. clients. Most advisors are familiar with the tax treatment of gifts, inheritances and distributions from U.S. donors, decedents and trusts. But the tax treatment of

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Suzanne L. Shier, partner, and Rebecca Wallenfelsz, associate, Chapman and Cutler LLP, Chicago

Advisors to U.S. clients increasingly are faced with questions regarding the U.S. gift, estate, generation skipping transfer (GST) and income tax consequences of transfers from non-resident aliens to, or for, the benefit of their U.S. clients. Most advisors are familiar with the tax treatment of gifts, inheritances and distributions from U.S. donors, decedents and trusts. But the tax treatment of transfers from foreign individuals, estates and trusts to U.S. recipients differs in many respects from that of transfers from U.S. individuals, estates and trusts to U.S. recipients. Advisors must understand these differences to offer proper counsel.

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About the Authors

Suzanne L. Shier

Suzanne L. Shier is the Wealth Planning Practice Executive and Chief Tax Strategist for Wealth Management at Northern Trust. In this capacity, she is responsible for leading the Wealth Management wealth planning group and for providing thought leadership on federal tax issues of interest to clients, with a special emphasis on tax policy and legislation, charitable giving, cross-border trust design and fiduciary law.

 

Prior to joining Northern Trust, Ms. Shier spent 26 years as a partner at Chapman and Cutler LLP in Chicago, ultimately leading the firm’s Trusts and Estates Practice Group, representing individuals, charitable organizations, and corporate fiduciaries in a full range of estate planning and fiduciary services, including cross-border planning, and fiduciary administration matters.
 

Ms. Shier is an adjunct professor in the Master of Laws in Taxation Program at Northwestern University Law School and also a frequent speaker and author. She has been quoted in publications such as the Wall Street Journal and Bloomberg and has received numerous professional honors and recognitions.

Ms. Shier earned her bachelor’s degree with distinction in economics and sociology from the University of Michigan in 1982. She received her law degree, cum laude, from the Loyola University Chicago School of Law in 1985 and a master of laws in taxation from the DePaul University College of Law in 1997.

In the civic community, Ms. Shier is actively involved in many diversity and education initiatives, including serving on the Boards of Directors of Gads Hill Center, as a Trustee of Hope College, and as Chairperson of the Board of Directors of Chicago Scholars, a college access program for high potential urban students. 

Ms. Shier is a fellow of the American College of Trust and Estate Counsel where she is a member of the International Committee and a member of the International Bar Association, the Society of Trust and Estate Practitioners, the American Bar Association and the Chicago Estate Planning Council.

Rebecca Wallenfelsz

Partner

http://www.chapman.com/home.php

 

Rebecca Wallenfelsz is a partner in the firm’s Trusts and Estates Department, and has been practicing law since 1997. Ms. Wallenfelsz has extensive experience representing individuals and institutions in estate planning and trust and estate matters. 

Ms. Wallenfelsz’s experience in estate planning matters includes drafting a variety of wills, trusts and premarital agreements, and in planning for and minimizing estate, gift and generationskipping transfer taxes and related income taxes, including taxes related to retirement plan assets. Her practice includes more sophisticated estate planning devices, such as family limited partnerships, grantor-retained annuity trusts, sales to defective grantor trusts and split-dollar agreements. For the charitably inclined client, Ms. Wallenfelsz has planned for, or assisted in creating, directed funds, charitable remainder trusts and private foundations. In addition, Ms. Wallenfelsz reviews and prepares fiduciary tax returns, private foundation information returns and estate, gift and generation-skipping transfer tax returns.

Ms. Wallenfelsz also represents a variety of fiduciaries and beneficiaries in the administration of estates and trusts, including addressing fiduciary risk issues, tax issues and litigation matters, such as will and trust construction, breach of fiduciary duty and contested probate matters. Ms. Wallenfelsz advises institutions on the creation and administration of Individual Retirement Trust products and on transactions involving trusts or estates.

In 2011, Ms. Wallenfelsz was named to the Law Bulletin Publishing Company’s “40 Illinois Attorneys Under Forty to Watch” list of outstanding lawyers. In 2012, Ms. Wallenfelsz was elected to the American College of Trust and Estate Counsel, a prestigious professional organization for skilled and experienced lawyers in the trusts and estates practice. 

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