Foreign Trust Taxation: A translation and guide for attorneys

Ahmed Shaikh
Ahmed Shaikh | Bohm Wildish & Matsen, LLP

Ahmed Shaikh is a board-certified specialist in Estate Planning and a former chair of the Orange County Bar Association Section on Trusts and Estates.

On-Demand: April 26, 2024

2 hour CLE

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Program Summary

This program offers a comprehensive overview of navigating the complex landscape of foreign trusts. Beginning with defining what constitutes a foreign trust, the guide delves into scenarios where foreign trusts prove invaluable and indispensable. It explores the intricacies of selecting international asset protection jurisdictions and provides insights into administering foreign trusts while addressing drafting challenges. The guide elucidates the nuances between "outbound" and "inbound" foreign trusts and delineates the conditions for grantor trust status. Moreover, it meticulously examines estate and gift tax implications alongside the mechanisms of collections and reporting requirements. Ethical considerations pertaining to foreign trusts are also underscored, providing attorneys with a holistic understanding of their responsibilities in this arena.

Key topics to be discussed:

  • What is a Foreign Trust?
  • When Foreign Trusts are Useful. When they are essential
  • Dealing with and selecting International Asset Protection Jurisdictions
  • Administering Foreign Trusts
  • Drafting issues
  • “Outbound” and “Inbound” Foreign Trusts
  • When Grantor Trust status is possible and when it is not
  • Estate and Gift Tax Treatment of Foreign Trusts
  • How collections happen
  • Reporting Requirements
  • Ethical Considerations with foreign trusts

Closed-captioning available

Speakers

Ahmed Shaikh_myLawCLEAhmed Shaikh | Bohm Wildish & Matsen, LLP

Ahmed Shaikh is a board-certified specialist in Estate Planning and a former chair of the Orange County Bar Association Section on Trusts and Estates. He has served hundreds of estate planning, asset protection, and charitable planning clients since 2006.

Ahmed’s practice, writing, and speaking interests have focused on aligning planning with the client’s values. Any estate planning, including asset protection and charitable planning, is an expression of values.

Ahmed Shaikh is a highly skilled attorney specializing in Estate Planning, Asset Protection Planning, and Charitable Planning. With a Bachelor of Arts degree from San Diego State University in 1996 and a Juris Doctor from Maurer Law School, Indiana University Bloomington in 1999.

Ahmed is admitted to practice law in multiple jurisdictions, including The State Bar of California, The State Bar of Texas, and The State Bar of Maryland. Additionally, he is admitted to practice before the U.S. Court (Central District of California) and the U.S. Tax Court.

Dedicated to his field, Ahmed is recognized as a specialist in Estate Planning Trust and Probate Law by the State Bar of California, holding Board Certification. He has contributed valuable insights to the legal community through his articles and publications. Notable works include “An Estate Plan for Cinderella’s Parents” published in 2013 by EstatePlanning.com and “Estate Planning for the Muslim Client” published in 2019 by ABA Publishing.

Ahmed Shaikh’s expertise, combined with his commitment to providing tailored legal solutions, makes him a trusted advisor in matters of estate planning and asset protection.

Agenda

I. What is a Foreign Trust? | 1:00pm – 1:10pm

II. When Foreign Trusts are Useful. When they are essential | 1:10pm – 1:20pm

III. Dealing with and selecting International Asset Protection Jurisdictions | 1:20pm – 1:30pm

IV. Administering Foreign Trusts | 1:30pm – 1:40pm

V. Drafting issues | 1:40pm – 1:50pm

VI. “Outbound” and “Inbound” Foreign Trusts | 1:50pm – 2:00pm

Break | 2:00pm – 2:10pm

VII. When Grantor Trust status is possible and when it is not | 2:10pm – 2:20pm

VIII. Estate and Gift Tax Treatment of Foreign Trusts | 2:20pm – 2:30pm

IX. How collections happen | 2:30pm – 2:40pm

X. Reporting Requirements | 2:40pm – 2:50pm

XI. Ethical Considerations with foreign trusts | 2:50pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General hours

Delaware

Pending CLE Approval
2 General

Florida

Reciprocity
2.5 General

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General hours

Maryland

No MCLE Required
2 General hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General hours

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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