Estate Issues for Americans to Consider Before Moving North

November 18, 2016 Nick Esterbauer Estate Planning, General Interest, In the News Tags: , , , , , , , , , 0 Comments

Just over a week ago, the Canadian Immigration and Citizenship website crashed following the conclusion of the U.S. presidential election.  After hearing about this, I started to wonder, how difficult would it really be for Americans who are dissatisfied with the outcome of the recent election to flee to Canada?

Aside from entering the country on a student or work visa, certain individuals wishing to immigrate to Canada may apply for Express Entry as a skilled worker, caregiver, or a refugee.  Americans with family in Canada may also be able to apply directly for immigration to a province through the Provincial Nominee Program.

Issues with cross boarder estate assets
“If new Canadian residents own assets cross-border, it may result in difficulty in administering property during incapacity and/or following death.”

Individuals qualifying for immigration to Canada who may be considering doing so should not neglect cross-border tax and estate planning issues that may result from their relocation before proceeding with such a move.

When moving from one jurisdiction to another, it is important that one takes extra steps to ensure that elements of existing incapacity and/or estate plans will be recognized in his or her new home.

If new Canadian residents own assets cross-border, it may result in difficulty in administering property during incapacity and/or following death.  It is important that fiduciaries are chosen appropriately, so as to facilitate their access to assets in the relevant jurisdiction, without triggering cross-border tax issues and issues of inaccessibility.  Depending on the jurisdiction, taxes may be payable with respect to foreign assets based on citizenship, residence, location of the individual or his or her assets, domicile, or any combination of these factors.

It is also important to remember that simply immigrating to Canada may not exempt U.S. citizens from the payment of American inheritance tax.  As my colleague, Noah Weisberg, blogged last month, President Elect Trump has vowed to abolish inheritance tax altogether.  However, Mr. Trump has proposed to replace current U.S. inheritance tax with what is being referred to as a capital gains tax that applies to assets of certain estates valued at $10 million or greater.  At this point in time, it remains unclear which of the policies upon which the incumbent president’s campaign was based will ultimately be implemented.

Have a great weekend.

Nick Esterbauer

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