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Topic: Any US tax consequences of writing a UK life insurance policy in trust?  (Read 945 times)

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I have a term life insurance policy here in the UK and the solicitor writing my will has suggested writing the policy in trust in order to avoid UK inheritance tax.

Would this create a foreign trust of the type that in the IRS' view requires the usual litany of trust reporting on a US tax return?

Thanks for any guidance.


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Re: Any US tax consequences of writing a UK life insurance policy in trust?
« Reply #1 on: November 24, 2012, 02:20:52 PM »
Although I am a qualified UK tax specialist with US cross border experience, please don't take these comments as sufficient for your decision making process: they are the areas that one would expect to see covered in an answer:-
a) no FBAR reporting requirements since the insurance is term (no current value)
b) should be reported on 8938 but with Nil value
c) depending upon the form of the trust, it may not be effective for US Estate tax mitigation purposes since the ownership of a trust is treated differently by the UK and the UK. The UK says the owner for IHT is the person with an interest in possession in the income. The US says the owner is the grantor (settlor) unless excluded and also is unable to make alterations to the term policy or trust.
d) if the term policy is providing insurance in trust for the next generation, and if they are also US persons then one may find the resulting trust if you die is tax ineffective and imposes upon the next generation the reporting requirements you are now wary of.
e) liability for US Estate Tax changes according to how long you have been in the UK - see the UK/USA DTT on Estates - and therefore one would expect to see a computation of liabilities both sides on the estate on first and second death before and after this trust in in place. The computations cannot be safely assumed to be the simple ones for non-doms where UK tax is due only on the UK estate.
One-off advice like this is expensive because there's so much family information and tax history information to collect: you may find it cheaper to use the firm that now does your UK and US returns.
RNW
'Consistently beating the average global asset manager'


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Re: Any US tax consequences of writing a UK life insurance policy in trust?
« Reply #2 on: November 24, 2012, 08:12:00 PM »
Although I am a qualified UK tax specialist with US cross border experience, please don't take these comments as sufficient for your decision making process: they are the areas that one would expect to see covered in an answer:-
a) no FBAR reporting requirements since the insurance is term (no current value)
b) should be reported on 8938 but with Nil value
c) depending upon the form of the trust, it may not be effective for US Estate tax mitigation purposes since the ownership of a trust is treated differently by the UK and the UK. The UK says the owner for IHT is the person with an interest in possession in the income. The US says the owner is the grantor (settlor) unless excluded and also is unable to make alterations to the term policy or trust.
d) if the term policy is providing insurance in trust for the next generation, and if they are also US persons then one may find the resulting trust if you die is tax ineffective and imposes upon the next generation the reporting requirements you are now wary of.
e) liability for US Estate Tax changes according to how long you have been in the UK - see the UK/USA DTT on Estates - and therefore one would expect to see a computation of liabilities both sides on the estate on first and second death before and after this trust in in place. The computations cannot be safely assumed to be the simple ones for non-doms where UK tax is due only on the UK estate.
One-off advice like this is expensive because there's so much family information and tax history information to collect: you may find it cheaper to use the firm that now does your UK and US returns.
I concur.  Has your solicitor suggested US based life insurance to you written under a US trust?  US life insurance is also hugely cheaper than the UK equivalent and can have a guaranteed zero premium increase throughout life.


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