Loopholes > Federal > Nonresident Non-Citizen Asset Situs Exclusion
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Nonresident Non-Citizen Asset Situs Exclusion

IRC §2103

Excludes property from the gross estate of a nonresident non-citizen if the property is not legally situated within the United States at the time of death.

Eligibility

Applies to nonresident non-citizens who structure their holdings to ensure assets (such as foreign stock or certain debt obligations) are not considered U.S.-situs property.

Frequently Asked Questions

Who is eligible for the Nonresident Non-Citizen Asset Situs Exclusion?

Applies to nonresident non-citizens who structure their holdings to ensure assets (such as foreign stock or certain debt obligations) are not considered U.S.-situs property.

How does the Nonresident Non-Citizen Asset Situs Exclusion work?

Excludes property from the gross estate of a nonresident non-citizen if the property is not legally situated within the United States at the time of death.

What law authorizes the Nonresident Non-Citizen Asset Situs Exclusion?

The Nonresident Non-Citizen Asset Situs Exclusion is authorized under IRC §2103 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §2103

Source: Internal Revenue Code, Title 26, United States Code

§ 2103. Definition of gross estate For the purpose of the tax imposed by section 2101, the value of the gross estate of every decedent nonresident not a citizen of the United States shall be that part of his gross estate (determined as provided in section 2031) which at the time of his death is situated in the United States. (Aug. 16, 1954, ch. 736, 68A Stat. 397.)