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Privacy PolicyPRACTICE AREAS
Key steps before you become a U.S. tax resident
The United States taxes its residents on worldwide income — from the moment residency begins. For foreign nationals arriving with foreign businesses, investment portfolios, foreign trusts, and offshore accounts, that transition carries both significant risk and significant opportunity. The decisions made before a client becomes a U.S. tax resident often determine the tax landscape for decades to come.
This checklist is designed to help individuals, families, and their advisors identify the key planning steps that should be addressed before U.S. tax residency begins. It is not exhaustive — every client’s situation is different — but it covers the issues that arise most frequently and carry the greatest consequences if left unaddressed.
Once U.S. tax residency is established, many of the most powerful restructuring opportunities are gone. The time to plan is now.
Who should use this?
This checklist is for foreign nationals who are planning to relocate to the United States — whether through a green card, long-term visa, or extended physical presence — and for the attorneys, accountants, immigration counsel, and family office advisors who work with them. It is most valuable when used 6 to 24 months before the anticipated U.S. residency start date.
Section 1
Residency timing is the foundation of all pre-immigration planning. The date U.S. tax residency begins determines which opportunities are still available and which have closed.
The Substantial Presence Test counts days in the current year plus 1/3 of days in the prior year and 1/6 of days two years prior. Travel patterns matter.
Treaty tie-breakers can defer or limit U.S. residency in the year of arrival but require affirmative filing and have their own compliance requirements.
Section 2
Once a foreign national becomes a U.S. tax resident, interests in foreign corporations may become subject to the controlled foreign corporation (CFC) rules — triggering immediate U.S. taxation on certain categories of income regardless of whether it is distributed.
Electing disregarded entity or partnership status for certain foreign corporations before immigration can eliminate CFC exposure entirely in some cases.
Section 3
Foreign mutual funds, ETFs, and many other non-U.S. investment vehicles are classified as passive foreign investment companies (PFICs) under U.S. tax law. The PFIC rules are among the harshest in the Internal Revenue Code — imposing punitive tax and interest charges on distributions and dispositions unless a timely election is made.
QEF and MTM elections must be made on a timely basis. Missing the first-year window can result in the default PFIC regime applying — the most punitive outcome.
Pre-immigration dispositions of PFICs are not subject to U.S. tax. This is often the cleanest solution when the investment can be replaced with a non-PFIC equivalent.
Section 4
Foreign trusts with U.S. grantors or beneficiaries trigger some of the most complex — and most penalized — reporting obligations in U.S. international tax law. The analysis must be completed before residency begins.
| Step | Action | What to know |
|---|---|---|
| Identify | Identify all foreign trusts in which you serve as grantor, trustee, or beneficiary. | Any of the three roles creates a U.S. connection once you are a U.S. person. |
| Classify | Determine whether each trust will be classified as a foreign grantor trust or a foreign non-grantor trust upon your U.S. residency. | Grantor trust status is generally more favorable — the grantor is taxed on income currently but distributions to U.S. beneficiaries are tax-free. Non-grantor trust distributions may be subject to the throwback rules and interest charges. |
| Restructure | Evaluate whether restructuring the trust before residency — including changes to trustee, distribution provisions, or governing law — is advisable. | Changes are far easier to make before U.S. residency begins. |
| Report | Understand Form 3520 and Form 3520-A reporting obligations that will apply once you are a U.S. person with a foreign trust connection. | Penalties for failure to file Forms 3520 and 3520-A begin at $10,000 per violation and can reach 35% of the gross value of trust assets or distributions. |
| Distributions | If you are a beneficiary of a foreign non-grantor trust, analyze potential accumulation distribution tax and interest charges on undistributed net income. | Accumulated income distributed after residency can carry a throwback charge. |
Section 5
Once U.S. tax residency begins, gain on the sale of foreign real estate and other foreign assets is subject to U.S. income tax. The tax basis of those assets is fixed at the time of acquisition, not at the time residency begins, unless planning is done in advance.
A pre-immigration sale and repurchase — even at the same price — resets the tax basis to fair market value. Gain on the subsequent U.S.-period appreciation is then reduced accordingly.
Section 6
The U.S. gift and estate tax regime applies to U.S. persons on worldwide assets. The window to make transfers and restructure existing estate plans outside that regime closes when residency begins.
U.S. persons are subject to estate tax on worldwide assets above the federal exemption (currently $13.99 million in 2026). The exemption is scheduled to be significantly reduced after 2025 absent further legislation — confirm the current amount with counsel.
Usufructs and similar civil law arrangements can have significant U.S. tax consequences, including potential IRC §2036 retained interest issues, that must be addressed before you become a U.S. person.
Section 7
U.S. tax residency triggers immediate reporting obligations for foreign financial accounts, entities, and trusts. The earlier advisors are engaged, the more planning options remain available.