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inheritance tax for resident aliens (non-citizens)

Customer Question
My wife and I are...
My wife and I are both resident aliens living (permanently) in the US. I have heard that non-citizens may face inheritance taxes on the death of their spouse. Is this true for resident aliens?
Submitted: 12 years ago.Category: Tax
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Answered in 3 hours by:
7/30/2005
Tax Professional: RR,
 replied 12 years ago
RR
Category: Tax
Satisfied Customers: 28
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The federal estate tax would apply to a permanent resident. The issue you seem to be talking about is where the assets are passed to a non-citizen spouse. In the usual US citizen case, there is a marital deduction available but this is not available where assets are passed to a non-citizen spouse. There are legitimate ways to address this issue, for example through a qualified domestic trust.

Of course, the estate tax won't apply to all estates. You can obtain details about the estate tax and the rates from IRS publication 950.
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