Legal Services for US Nationals Living in the UK
Our expert International and Cross-Border team offers a wide range of legal services for US nationals living in or owing property in the UK.
Estate Planning
We can assist you with the following:
- Analysing your residence and domicile status from a UK point of view, and reporting on your domicile’s impact on your inheritance tax position.
- Preparing or updating Wills covering your UK assets, ensuring that these Wills sit well with your US estate planning structures such as US Trusts or Wills.
- Comment on how your US estate planning will be treated by HMRC, if applicable.
- Advising on the interaction between the UK and US legal systems and the differing tax treatment in each jurisdiction (liaising closely with your US advisers as necessary).
- Analysing any potential exposure to the UK capital taxation regime and the applicability of the US/UK double taxation convention to your circumstances.
Probate
If you are acting as an executor of a cross-border UK/US estate and need assistance we can help. We assist with many aspects of US/UK cross-border estate administrations, including:
- Applications for probate in the UK.
- Calculating the UK inheritance tax liability.
- Administering and gathering in UK assets.
- Liaising with your US lawyer to ensure a joined up approach is taken with the US and UK estate administration.
- If you do not have a US lawyer, we can instruct one on your behalf to deal with US estate administration.
- We can make applications for federal transfer certificates (IRS form 5173).
- Escheatment claims.
- Providing the IRS or relevant asset holders with the appropriate tax withholding forms pursuant to the UK/US double taxation conventions.
- Assistance with obtaining a Medallion Signature Guarantee.
- Investigating whether the deceased complied their US tax reporting obligations, including the duty to file Foreign Bank Account Reports (‘FBARs’).
Watch: US/UK Estate Planning with Stone King
Effective international estate planning for assets in the US and the UK requires a comprehensive approach due to differing tax systems and legal frameworks. Considerations include UK Inheritance Tax, US Estate Duty, double taxation concerns, and trust tax treatment.