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Trust Structures Available for Foreign Investors When establishing a trust to own U.S. real estate, foreign buyers must decide whether to form a grantor or non-grantor trust and whether it should be the U.S. or foreign trust. Each of these decisions has important income and estate tax consequences.
citizen can form a trust in California but will need significant legal advice on the tax consequences. Both California and the United States have some special laws for taxing trusts. The amount of tax could vary widely depending on who the trustee is, and several other factors.
The US government recognizes a US revocable living trust as a disregarded entity, which means it is not taxed as an entity separate from you. * If a Canadian resident controls the US revocable living trust or if a Canadian resident contributed to the trust, it may be considered a Canadian resident trust.
Now, however, some states, including California, allow for dynasty trusts, which can pass on wealth for many generations to come. In California, a dynasty trust can last for approximately 90 years.
Interest income earned by the trust is deductible if distributed to a foreign beneficiary but because the beneficiary is a nonresident alien, he will not be subject to U.S. income tax on the distribution. Therefore, the income is not subject to withholding tax (see Rev. Rul.