Nov 1, 2009 12:00 PM

Soften the HEART's Blow

Certain expats may be hit with the new exit tax, some donees can face gift tax consequences, and still others may be in the best position to avoid federal estate and gift tax. A guide

These days, all estate planners must be prepared to attend to the needs of multinational clients. And that means advisors must be familiar with the Heroes Earning Assistance and Relief Tax Act. HEART, as it is known, passed in the summer of 2008 and made important changes to both the federal income tax as well the federal estate and gift tax.

HEART makes it much harder for a U.S. citizen or U.S. resident to leave the United States without incurring an exit tax. The bottom line: There's a new U.S. Code Section 877A that considers property of certain expatriates as having been sold for its full market value on the date before the expatriation occurred.

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