Many of the trusts we administer are established by settlors who are neither United States citizens, residents, or domiciliaries. They seek to establish trusts administered in Nevada for the benefit of family members who are citizens, residents, or domiciliaries. They may also have aspirations eventually to settle as well in the United States.
In some instances, these foreign settlors, as well as the trust beneficiaries, do not have connections with the United States, but seek administration of a foreign trust in the United States. They are attracted especially by the relative stability and certainty of trust law in this country, as well as the innovations in trust law unique to Nevada law. We are pleased to be able to bring to them the sense of security, privacy, and flexibility they seek.
Whenever international elements are involved, considerations of federal taxation enter the picture, along with potential taxation by a foreign country. We are quite familiar with these considerations and have years of experience addressing them, including the treatment of trusts as foreign trusts or domestic trusts at various points in a particular trust’s existence. We also have much experience with cross-border trusts that have interests in or control of foreign entities, thereby giving rise to CFC and PFIC questions.