The Non-Citizen Spouse

IRS Code Differences

Staff Writers  

Currently, the IRS offers an unlimited estate tax deduction (unlimited marital deduction) by which any spouse can receive an estate tax free, regardless of amount.  

However, the IRS Code has a much different view of a non-citizen spouse, limiting the marital deduction for a legal resident alien to only $100,000.  

Fortunately, this spouse is offered a safe harbor in the Qualified Domestic Trust.  The QDOT has the effect of narrowing the gap between a citizen and non-citizen spouse and is a valuable tool when draw up according to the IRS Code.  

Thus, sans a proper QDOT, the non-citizen spouse of a physician is subject to the same treatment as a non-spouse beneficiary.  

Now, is it fair that the rules are somewhat less favorable for a non-citizen spouse who is not a resident alien? 

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One Response

  1. The current situation in Arizona makes this a very interesting post. But, how about doctors and pre-nups?

    For example, I know that some wealthy doctors, lawyers and corporate executives often look to protect their retirement benefits through prenuptial contracts. And, a recent court decision may make it a little easier to do so.

    http://www.fa-mag.com/fa-news/5573-prenups-and-pensions-can-get-snarled.html

    Marty

    Like

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