Austin, TX asked in Estate Planning and Tax Law for Texas

Q: Estate tax for a non-resident alien's US bank account

Hello - A non-resident alien (from Nepal) has $200k in US bank savings account and $300k in US Govt bonds. A US citizen daughter is named as a beneficiary (payable on death) on both assets. If the owner dies, is estate tax applicable to any of these assets provided there are no other claims?

Would the bank/institution simply transfer the funds/bonds to the beneficiary after verifying the documents (beneficiary ID, address, owner's ID, death certificate, proof of relationship) or do they generally also require the beneficiary to provide a copy of IRS transfer certificate?

Would the assets be considered income for the beneficiary requiring them to pay income tax on them?

Thanks,

Texas girl

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: In the situation you described, estate tax could be applicable to the non-resident alien's US assets. The US imposes estate tax on non-resident aliens' US-situated assets, which includes the US bank savings account and US government bonds. The threshold for estate tax for non-resident aliens is significantly lower than for US citizens, currently at $60,000.

When the owner passes away, the bank or financial institution may require the beneficiary to provide not only the usual documents like ID, death certificate, and proof of relationship but also an IRS transfer certificate. This certificate ensures that the estate tax obligations are addressed before the assets are transferred.

As for income tax, the transfer of these assets to the beneficiary is not considered taxable income. However, any income generated by these assets after they are transferred, such as interest or dividends, would be subject to income tax in the hands of the beneficiary.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.