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Do You Have a Permanent “Intent” to Reside in the US?

The United States is a land of opportunity, drawing people every single day. As people immigrate to the United States, it’s important for them to have their financial house in order… and often, that includes estate tax planning. At Singh Law Firm, we’re pleased to walk clients through all aspects of the estate tax law and are happy to offer estate planning advice to citizens, non-citizens, and non-resident aliens alike.

One important consideration with regard to estate tax planning is how the IRS defines residency. Specifically, they define it as the intent to remain in place indefinitely, with no plans to move away. Non-citizens who have a residence (that is, a place they consider their home or domicile) in the United States may benefit from US estate planning; but they may also need to think critically about US estate tax planning.

US Citizen Federal Exemption Limits, Non-Resident Aliens (NRA)

Right now, US citizens enjoy federal exemptions, both on an individual and married couple basis. In other words, you can transfer certain amounts of money without having to worry about estate tax or tax planning. However, amounts that exceed these federal exemptions may be subject to an estate tax, and thus a tax planning service may be beneficial.

What is an Estate Tax?

An estate tax is a tax burden that’s placed on the estate, or real/personal assets, of someone who has died. It’s important to note that this is not the same as an inheritance tax, which is the tax paid by a person who inherits money or property from someone who has died. This distinction is essential to the US estate tax planning process.

Again, it’s important to note that the estate tax is levied only against estates that exceed the total exclusions set by federal law. An estate planning service such as Singh Law Firm can walk you through the specific exclusion amounts and provide additional estate planning advice.

Strategies of Estate Tax Law

At Singh Law Firm, our estate planning service encompasses a wide range of strategies, designed to help our clients preserve the maximal value of their assets. Some examples of estate planning strategies we can offer include:

  • Gifting strategies
  • Irrevocable and revocable trusts
  • Qualified Personal Residence Trusts
  • Family Limited Partnerships
  • Charitable giving strategies

Estate Tax Law

If you have any additional questions about minimizing estate taxes, we invite you to speak with an estate planning attorney or living trust lawyer today. Reach out to Singh Law Firm using the contact form, or by calling us directly.


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Fremont, CA 94539