Silicon Valley estate planning and probate lawyer Janet Brewer has released a new guide, “U.S. Gift Tax and Estate Tax Planning for Non-Residents and Non-Citizens”, highlighting key issues to consider when aspects of an estate cross international borders. The free guide is available for download at calprobate.com/international

“Smart planning is essential because federal estate and gift tax laws are tough on non-citizens, even if the non-citizen has a ‘green card,’ ” said Brewer, who frequently prepares estate plans for foreign nationals who own property or live in the U.S. In addition, many clients have assets both in the United States outside of the U.S. and not all countries recognize trusts and other tools that work within the United States.

“The tax effects of poor estate planning can be devastating,” cautions Brewer. “And, as with all estate plans, there is no opportunity for a ‘do-over.’ Heirs and loved ones will have to live with the results of what is taken care of — or not taken care of — now.”

While certified public accountants (CPAs), financial planners and other professionals can be helpful in the day-to-day management of financial affairs, it takes the special expertise of an estate planning attorney to make sure the transition of assets to heirs will go smoothly. International estate planning experience is all the more important when a non-citizen is involved.

The guide outlines key elements in an international estate plan, including:

• What is considered “home” for the purpose of estate planning?
• How the tax law treats non-citizens and non-residents differently from citizens
• Treatment of minor children, including issues surrounding the choice and citizenship of a guardian
• One useful estate planning tool, the Qualified Domestic Trust

“The tax rules for a noncitizen and nonresident are even more complex if he or she dies owning ‘U.S. situs’ assets,” adds Brewer. “The most common U.S. situs assets are real estate located in the U.S., stock options in a U.S. company, stock ownership in a U.S. company, and a U.S. company’s corporate bonds.

“For example, many people think land in Silicon Valley is very cheap right now. They are flocking to Los Altos, Palo Alto, Atherton, and other San Francisco Bay Area communities to purchase houses and condominiums. These real estate investors may be quite right … some of the real estate in the Bay Area is at its lowest price in years. But if they are not U.S. residents and something were to happen to them, they are only entitled to a $ 60,000 exemption from U.S. gift and estate taxes – non-resident aliens (NRAs) pay a much higher rate of gift and estate taxes than U.S. citizens. The good new is, with careful international estate planning, nonresidents and noncitizens can avoid tax traps.”

“When someone works hard to build up an estate, it can be devastating for the family to see it eroded by fees and taxes that could have been avoided,” said Brewer. “With this new guide as a start, families will know what kind of legal help they need, and the right questions to ask.”

The guide is one in a series of estate planning and asset protection guides offered by Brewer. For example, Brewer published a year-end tax law update for Bay Area families in December; before that, she published an alert for Bay Area CPAs about gift tax law changes. In August she published a guide telling the dos and don’ts when picking a trustee in California estate planning. Those who opt in to Brewer’s mailing list get the earliest notice about new resources when they come available.

About the Law Offices of Janet L. Brewer

Janet Brewer is a Palo Alto probate, trusts, and estate planning attorney with an advanced degree in tax law. She has practiced California estate planning, advanced gift-planning, and California probate law exclusively since 1991, and is Certified as a Specialist in Estate Planning and Probate Law by the California State Bar Board of Legal Specialization. Learn more at calprobate.com or call (650) 325-8276.

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Tax attorney

Study notes for Ohio bar examination, February 1993


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While cleaning out our garage a few weeks ago, I came across this yellow legal pad full of my handwritten study notes for the Ohio bar examination in February, 1993. The bar examination is an instrument of cruel and diabolical torture which, in my view, should be outlawed by the Geneva Convention, and probably other international treaties and conventions as well. I have sat for two such examinations, with successful results both times. (The other was in Utah in July, 1983.) I spent about 700 hours studying for the Ohio exam, and ended up with one of the highest scores among the 500-plus applicants who took it when I did, but that didn’t matter; I wouldn’t have cared if I had a much lower score, as long as I passed the thing.

I no longer practice law, having discovered the hard way that I hated the practice even more than I did the preparation for it; and while I don’t rule out the possibility of taking the Arizona exam at some point, I think that is highly unlikely. I have no intention of ever practicing again here or anywhere else, and at age 53, I just don’t think I have a third bar exam in me at this point.

This particular section of my notes covered Federal income taxation, which was a topic on the Ohio exam but not Utah’s. Although not quite as terrifying as I had intended it to be, the death’s-head emblem near the upper left-hand corner expresses my dread of this particular subject. I briefly entertained fantasies about becoming a tax attorney — until I took a tax class in law school and quickly concluded that whatever my future entailed, it would not center around this complex and arcane subject.

Tax attorney

SAN DIEGO, Feb. 8, 2011 /PRNewswire/ — San Diego tax attorney William D. Hartsock, Esq. and his firm, TaxLawFirm.net, are gearing up for the busy tax season and post-tax season full of audits, tax appeals and litigation, and have released tips on choosing the right tax lawyer for taxpayers that may be in need of assistance this year.

“Hiring a tax attorney early on can help to ensure that you are processing your taxes correctly, and can avoid any unnecessary trouble from the IRS. If you do encounter issues, the skills and knowledge of an experienced tax attorney will maximize your chances of fast dispute resolution as well as minimal impact from penalties imposed by the tax department,” said William D. Hartsock, Esq. “These dos and don’ts can help anyone looking for a good tax lawyer to handle their tax problems, appeals and/or litigation.”

DO find a tax attorney that has experience in your type of tax case, and who has a strict knowledge of the laws. He or she should be able to provide a history of successfully winning cases like yours, as well as proof of educational training and certifications.

DON’T settle for the first tax lawyer you speak to. Speak with several lawyers before you decide on one lawyer to take your case. Don’t be afraid to look around, ask for references and do a price comparison.

DO know your tax attorney. You must share private, sensitive and confidential information with your tax lawyer, so make sure you choose someone you are comfortable with. Do you trust this person to aggressively fight on your behalf?

For more information on William D. Hartsock, Esq. and the tax issues he can help with, call 858-481-4844 or visit www.taxlawfirm.net to schedule a free consultation. Evening and weekend hours are available by appointment. To read more on this topic, visit: www.taxlawfirm.net/press-releases/how-to-choose-the-right-tax-lawyer.htm

About TaxLawFirm.net:

William D. Hartsock, Esq. is a Certified Tax Law Specialist, international tax attorney and tax lawyer specializing in IRS tax problems, who represents clients throughout California. Along with the skilled and experienced TaxLawFirm.net tax attorneys, Mr. Hartsock provides quality, professional legal counsel to both individuals and businesses in need of tax assistance.

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Question by danandstephshort: What is the difference between a TAX ACCOUNTANT & a TAX ATTORNEY?
Specifically, what are the unique job functions which separate one category of professional from the other? Does the attorney file tax returns? Does the accountant keep up with the tax laws? Any feedback would be helpful. Thanks.

Best answer:

Answer by kmnmiamisax
I’m pretty sure a tax accountant would be the one to work with the numbers and file your taxes for you and stuff like that. A tax attorney would be the one to represent you in court if ever you had an issue with the IRS. Of course a tax accountant will need to keep up with the tax laws since they are filing your paperwork for you… they have to know when the law changes so they know how to complete and file the forms. A Tax attorney isn’t likely to be completing your tax forms unless it’s sort of a hybrid tax accountant/attorney… ordinarily a tax attorney will help you deal with the court system regarding your tax matter where as a tax accountant will help you deal with your money and help you to file with the IRS.

What do you think? Answer below!

Tax attorney

City Attorney Sam Medina will stay on the sidelines of a city charter dispute after the discovery of tax payments made in 2009 that by his own interpretation could cost him his job.

Medina declined to comment in a recess shortly after the decision was announced and deferred to the City Council. Appraisal district records showed that at the end of 2009 the former judge had paid two years of delinquent taxes on a small rental property — four months after he was hired to serve as Lubbock’s city attorney.

Mayor Tom Martin said the council chose as a result of a morning closed-door meeting to hire Bob Craig, an outside attorney often tapped for city issues, to handle civil proceedings to determine whether Councilman Victor Hernandez may keep his job.

“As we go forward, we are working very hard to ensure that due process is given to anyone involved in this issue, and we feel that that needs to be the touchstone of what we’re doing,” Martin said. “It is also the feeling of the council that once we get a determination on that matter — that matter is currently before the district attorney — that we will deal with the underlying issues involved in the information that came to light yesterday.”

Martin later said Councilman Jim Gilbreath had alerted him to the Medina issue. Gilbreath said he would not comment on a matter having to do with a city employee.

It was not clear what, if any, change to the theory at the heart of the charter dispute the change in attorneys might bring.

“I’ve been asked to give legal advice to the council, which I will do on my own,” Craig said. “But as far as making any comments on what will be done or the next procedure, I’ll leave that up to the mayor to respond to your inquiries.”

The city equivalent of a constitution lays out rules last changed in 1988 that set the qualifications for city employees and elected and appointed officials.

Hernandez, the North and East Lubbock councilman, may have violated a prohibition against elected officials or employees holding their jobs while indebted to the city.

Hernandez owed more than $ 10,000 in property taxes, including more than $ 1,000 to the city, until Monday. The councilman had been on a payment plan with the appraisal district but took out a loan and paid the balance of the taxes Monday afternoon.

The indebtedness language was not something Lubbock’s charter review committee closely considered last year during a review of the document, said Alan Henry, a former mayor and chairman of that effort.

Only voters may approve changes to the charter, making the rules contained within more difficult and expensive to amend.

“I guess we just figured if it hadn’t happened in the last 100 years, we’d move on,” Henry said.

Martin called a special council meeting on Tuesday to consider the issue. and chose to begin a civil hearing process seeking a finding from a state district judge on whether Hernandez had forfeited his office.

Hernandez will continue to serve, vote and participate in closed-door meetings until any finding is made.

Medina, too, will keep his job, though will not participate in anything related to the ongoing process on the councilman’s possible conflict.

He is the second high-level city employee found to have at some point potentially violated charter prohibitions against indebtedness. Assistant City Manager Quincy White paid the balance of his taxes on Monday after learning over the weekend of the charter terms.

To comment on this story:

elliott.blackburn@lubbockonline.com • 766-8722

james.ricketts@lubbockonline.com • 766-8701

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If you are looking for a personal tax attorney, there are a few things you need to consider before hiring the first one that comes along. These attorneys have education and training that is specific to tax law. This allows them to distinguish themselves from other attorneys and allows them to provide service and represent their clients in a specific way.
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