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Foreign nongrantor trusts All trusts that are not grantor trusts are considered nongrantor trusts for US purposes. Foreign nongrantor trusts are not generally subject to US tax, unless the trust earns US source or effectively connected income.
While you can choose a non-citizen trustee, you should look for someone who is, at minimum, a resident of the United States to be your trust's fiduciary. You want to avoid the risk of your trust being classified as a foreign trust for federal or California tax purposes.
U.S. persons who are treated as owners of a foreign trust under the grantor trust rules must ensure that the foreign trust timely files a complete and accurate Form 3520-A, Annual Information Return of Foreign Trust with a U.S. Owner, and furnishes the required annual statements to its U.S. owners and U.S. ...
Form 8938 (Statement of Specified Foreign Financial Assets). 1. A U.S. owner is required to complete this Form if his interest in the foreign trust when combined with his other specified foreign financial assets exceeds the reporting threshold.
Form 1040, Schedule B, Part III, Foreign Accounts and Trusts, must be completed if you receive a distribution from, or were grantor of, or a transferor to a foreign trust.