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Foreign non-grantor trust (with US or non-US grantor) The trust is generally subject to US tax on income from US sources, unless the income is distributed in the year it arises to a beneficiary of the trust. Distributions to US beneficiaries from a foreign non-grantor trust are subject to a complex set of rules.
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.
Establishing a trust Since trusts for grandchildren are legal structures, you'll work with an attorney to establish them. However, you may also want to discuss wealth planning and investment options with your contacts at Wells Fargo Private Bank before you finalize your plans, Sowell says.
In addition to the withholding requirement, naming a beneficiary who resides in a foreign country may allow the foreign country to tax the property and accounts of the trust. In most cases, a foreign person is subject to US tax on its US source income.
1. At least one trustee must be a U.S. citizen or a U.S. corporation. 2. No distribution can be made from the trust, except for income, unless the trustee who is the U.S. citizen or corporation has the right to withhold estate taxes from the distribution.