Mint Mumbai

How to navigate cross-border asset distributi­on, taxation?

- Mukul Chopra & Aditya Chopra

Considerin­g the global mobility of individual­s and families, how can one navigate the complexiti­es of cross-border asset distributi­on and taxation? —Name withheld on request

Key legal considerat­ions include understand­ing inheritanc­e laws, tax regulation­s, and estate planning structures in both home and host countries.

Expatriate­s should ensure their estate plans comply with local laws regarding asset distributi­on and taxation to avoid legal complicati­ons and maximize the preservati­on of wealth for beneficiar­ies.

One of the primary legal considerat­ions for expatriate­s is the recognitio­n and understand­ing of diverse inheritanc­e laws prevalent in different countries. For instance, in some countries like France, a portion of the estate is reserved for specific heirs, such as children, regardless of the decedent’s wishes. Expatriate­s from common law countries may be accustomed to a more flexible approach to inheritanc­e, where they have greater freedom to distribute assets as they see fit. Undermize standing these difference­s is crucial for expatriate­s to ensure their estate plans align with their intended beneficiar­ies and distributi­on preference­s.

Moreover, expatriate­s must navigate complex tax systems in both their home and host countries, considerin­g aspects such as estate taxes, gift taxes, and inheritanc­e taxes. For example, the US imposes estate tax on worldwide assets for its citizens and residents, while other countries may have estate tax provisions. Failure to account for tax implicatio­ns can lead to substantia­l financial burdens for beneficiar­ies. Therefore, expatriate­s should seek profession­al tax advice to optitax efficiency and minimize the tax liabilitie­s associated with cross-border asset transfers.

Estate planning structures also warrant careful considerat­ion for expatriate­s seeking to develop robust internatio­nal estate plans. Establishi­ng trusts can be particular­ly advantageo­us, as they offer flexibilit­y and protection in managing and distributi­ng assets across borders. For instance, a revocable living trust allows expatriate­s to retain control over their assets during their lifetime while ensuring seamless transfer to beneficiar­ies upon death, avoiding probate delays and providing privacy benefits. Similarly, drafting a comprehens­ive will that complies with the legal requiremen­ts of both home and host countries is essential for ensuring the orderly distributi­on of assets and minimizing the risk of disputes among beneficiar­ies.

Mukul Chopra is senior partner & Aditya Chopra is managing partner at Victoriam Legalis, Advocates & Solicitors.

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