Pre-Immigration Planning with Self-Settled TrustsSubstantial planning opportunities exist for NRAs who anticipate immigrating to the U.S.:
- Prior to immigration an NRA may generally make unlimited transfers to a South Dakota Self-Settled Trust with the NRA as a permissible beneficiary without incurring any U.S. transfer tax.
- After immigration, if the Grantor as a permissible beneficiary needs assets, they can generally be distributed by an Independent Trustee. If properly structured, the assets may be excluded from one’s estate and protected from creditors and lawsuits.
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