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According to this bogleheads write-up (Link), if you invest in non-US domiciled ETF and are neither US citizen, US green card holder nor US tax resident, then you may not be subjected to US Estate Tax for holdings over $60,000. However, there is a big caveat: your broker cannot be US based. Otherwise, you will still be limited to the $60,000 holdings where the US Estate Tax will still apply to anything over that.
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Eliminating the US estate tax trap
Warning: This is a major US tax trap, and one that you should try your utmost to avoid.
If you die while holding US situated assets, the US can apply an estate tax of up to 40% of the balance above a $60,000 exemption.[2] However, when you hold ETFs domiciled in Ireland or another non-US domicile, you do not directly hold any US assets. This means that you are now entirely protected from unpleasant US estate tax surprises. The US estate tax cannot 'look through' a fund or ETF to the ultimate individual owner of shares in that fund or ETF.
Most popular non-US domiciled ETFs can be purchased on the London Stock Exchange and the Euronext exchange, so you will need to find a broker that offers the appropriate exchanges. Interactive Brokers is a popular choice for many, but be aware that it is US based. This means that you should avoid holding more than $60,000 in cash at this broker, otherwise US estate taxes again become an issue.[8]
Warning: This is a major US tax trap, and one that you should try your utmost to avoid.
If you die while holding US situated assets, the US can apply an estate tax of up to 40% of the balance above a $60,000 exemption.[2] However, when you hold ETFs domiciled in Ireland or another non-US domicile, you do not directly hold any US assets. This means that you are now entirely protected from unpleasant US estate tax surprises. The US estate tax cannot 'look through' a fund or ETF to the ultimate individual owner of shares in that fund or ETF.
Most popular non-US domiciled ETFs can be purchased on the London Stock Exchange and the Euronext exchange, so you will need to find a broker that offers the appropriate exchanges. Interactive Brokers is a popular choice for many, but be aware that it is US based. This means that you should avoid holding more than $60,000 in cash at this broker, otherwise US estate taxes again become an issue.[8]
So if you plan to have more than $60,000 invested, perhaps it will be better to find other brokers which are non-US based. Or, perhaps with in-depth knowledge of the intricacy of US taxation system and proper planning, there are certain steps that can be taken to repatriate your monies back to Malaysia soil while avoiding detection in the event of an unexpected death. ¯\_(ツ)_/¯
On the other hand, there are conflicting information on the internet (Link) where due to certain technicalities, buying Ireland domicile ETFs automatically protects you from US Estate Tax, no matter the holdings amount, even if done through a US-based broker. Perhaps it has something to do with the ETF structure is itself a "foreign corporation". So in this case if your holdings is greater than $60,000 but is:
1. Ireland domiciled ETF traded through a US-based broker = not subjected to US Estate Tax
2. Individual US corporation stocks traded directly through a US-based broker = subjected to US Estate Tax.
Perhaps also the boglehead wiki quoted above is only referring to the circumstances where one is invested in Ireland domiciled ETF but also kept more than $60,000 in cash in the US broker. In this case:
1. Cash amount over $60,000 will be subjected to the US Estate Tax.
2. ETF, irregardless of the amount, is not subjected to the US Estate Tax.
In any case, I am not a financial consultant. Therefore, take all these information with a grain of salt. Do note that this information may only be true at the time of this writing as US taxation laws may change anytime if the US Government wants to rake in more money, what more 20-30 years to come.
This post has been edited by RayleighH: Apr 13 2022, 02:15 AM
Apr 12 2022, 10:03 PM

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