Deceased Estate Foreign Beneficiary
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FAQ
From a foreign beneficiary. Form W-8BEN must include an Individual Taxpayer Identification Number (ITIN). W-8BEN, withholding is required at the 30% tax rate regardless of any reduced withholding rate or modified withholding rules provided by an applicable tax treaty.
Only a few states impose an inheritance tax, and California is not one of them. However, there is a federal estate tax that may be imposed on estates of non-residents or non-citizens.
The withholding rate for income distributions to foreign beneficiaries is usually 30%, which a Fiduciary is required to withhold from income distributions. The Fiduciary has a legal responsibility to pay those withheld income taxes to the United States Treasury each year.
If the beneficiary is not a U.S. citizen, the trustee might have to withhold additional taxes from the assets that they transfer. Additionally, the beneficiary might also be required to pay more taxes based on their country's tax and inheritance laws.
Naming a Non-US Citizen as Beneficiary Naming a non-US citizen as a beneficiary of a trust can expose the trust to increased tax liability or could result in double taxation. In addition, there may be complexities of transferring or making distributions to a non-US trustee depending on the country of citizenship.