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Foreign Property Can Present Challenges

Posted by Nina Whitehurst | Jun 29, 2018 | 0 Comments

Foreign real estate can be difficult for estate planners, as well as heirs.

Many countries have strict rules about who may inherit property. These rules are unlike anything in the U.S. Attorneys who practice in the foreign country need to be consulted, so any estate plan can take the foreign laws into account, when dealing with that property. Inheritors also face other issues, according to the Washington Post in "Inheriting property overseas can be a dream come true, but it comes with challenges."

The first thing to understand is that individuals who inherit property worth more than $100,000 or corporations that inherit property worth more than $16,000, must report that information to the IRS. There is usually no tax associated with the inheritance. However, failure to report it can be penalized.

Income generated from the property in the foreign country must be reported to the IRS. Whether any tax is due, depends on whether taxes on that income are paid to the foreign country and how much those taxes are. Finally, the use and sale of the land might be restricted by the foreign country, so local attorneys should be consulted on those issues.

An estate planning attorney can advise you in creating an estate plan that fits your unique circumstances and may include property in foreign lands.

Reference: Washington Post (May 29, 2018) "Inheriting property overseas can be a dream come true, but it comes with challenges."

About the Author

Nina Whitehurst

Attorney at Law Nina has been practicing law for over 30 years in the areas of estate planning, real estate and business law She is currently licensed in Alaska, Arizona, California, Colorado, Oregon and Tennessee. Her Martindale-Hubbell attorney rating is the highest achievable: 5 stars in peer...


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