Select U.S. cross-border planning pitfalls: a deeper dive

Abstract This article focuses on the use of pre-immigration “drop-off” trusts and “pre-expatriation” trusts. The author explores whether the “drop-off” trust should be a U.S. or foreign trust and some of the pitfalls of utilizing a foreign trust. The balance of the article is focused on how to draft a “pre-expatriation” trust and discusses some of the legal and tax considerations the draftsperson must discuss with the client. Finally, there is commentary around the use of “indirect” gifts under the U.S. inheritance tax laws.