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NRA US Estate & Gift Tax Check

By Permitely Editorial · Last updated October 11, 2026 · How we check this page

Own US real estate or US stock but live abroad? As a nonresident alien you get only a $60,000 US estate-tax exemption β€” not the $15M citizens get β€” and no lifetime gift exemption. Check your exposure on US-situs assets.

United States Capitol, Washington DC
Estate (at death)
Gift (during life)
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Value of your US-situs assets (USD)

For estate tax: US real estate, US tangible property, and shares of US corporations. US real estate is always US-situs.

US estate tax exposure

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Related US tax tools

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The $60,000 exemption for nonresidents

A US citizen or resident can pass roughly $15 million (2026) free of US estate tax. A nonresident alien gets only $60,000 of exemption against their US-situated assets β€” and that figure has barely moved in decades.

So a foreign investor who buys a $1.5M US apartment and dies could face US estate tax on roughly $1.44M of value, at rates climbing to 40% β€” a bill of several hundred thousand dollars, payable before the heirs can take the property.

US real estate is the classic trap because it is always US-situs. Holding it directly, in your own name, maximizes the exposure.

Gift tax vs estate tax β€” the situs twist

This is the single most useful thing to understand as an NRA:

  • US real estate β€” caught by BOTH gift and estate tax.
  • US corporation stock β€” exempt from NRA gift tax, but SUBJECT to estate tax. So gifting US shares during life can avoid the tax that would hit at death.
  • US bank deposits β€” generally outside estate tax for NRAs (special rule).

Because of this asymmetry, a lifetime gift of US intangibles (like shares) by an NRA falls outside US gift tax (IRC Β§2501(a)(2)), while a gift of US real estate does not. There's no NRA lifetime exemption, so only the annual exclusion ($19,000; $194,000 to a non-citizen spouse) shelters gifts.

Planning levers (with a professional)

Ways NRAs with US assets reduce exposure include:

  • Foreign holding company β€” owning US real estate through a non-US corporation can convert US-situs real estate into non-situs foreign stock for estate-tax purposes (with income-tax trade-offs).
  • Life insurance β€” proceeds on an NRA's life are generally not US-situs, providing liquidity to pay any tax.
  • QDOT β€” a Qualified Domestic Trust can defer estate tax on assets passing to a non-citizen spouse.
  • Treaty relief β€” if your country has a US estate-tax treaty, the exemption can be far higher than $60,000.

Each carries trade-offs across income tax, control and reporting. This tool only sizes the exposure β€” the structuring needs a cross-border specialist.

How to file: forms, deadlines & the Transfer Certificate (2026)

There is no government filing fee, but the deadlines are strict and the Transfer Certificate is the real bottleneck β€” US custodians avoid liability only by demanding it before they release the assets (26 CFR 20.6325-1(a)), and for the affidavit route the IRS states 12 to 18 months.

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Total the US-situs assets & test the $60,000 threshold
Value US real estate, US-corporation shares and US tangibles at date-of-death fair market value. Add adjusted taxable gifts and the 1976 specific exemption. If the total exceeds $60,000, Form 706-NA must be filed β€” even if a treaty or deductions wipe out the tax.
2
File Form 706-NA within 9 months (estate)
The executor files Form 706-NA and pays any estate tax within 9 months of the date of death. Need more time? File Form 4768 on or before the due date for an automatic 6-month extension (to 15 months). Use Form 2848 or 8821 to authorize a representative.
3
Or file Form 709-NA by 15 April (gift)
For lifetime gifts of US-situs property above the annual exclusion, the donor files Form 709-NA by 15 April of the year after the gift. It can now be e-filed through the IRS MeF system, with electronic payment.
4
Claim any treaty relief
If your country is one of the ~15 with a US estate-tax treaty, attach a treaty position statement with domicile evidence β€” it can replace the $60,000 exemption with a pro-rated share of the much larger exclusion.
5
Obtain the IRS Transfer Certificate
Once the estate tax is paid or provided for, the IRS issues a Transfer Certificate (Form 5173). US banks, brokers and transfer agents avoid liability only by demanding it before releasing the assets (26 CFR 20.6325-1(a)). When no Form 706-NA is required, the IRS states its processing time for the affidavit and documents is 12 to 18 months after it receives everything.

Key forms & deadlines

Form / StepDeadline
Form 706-NA (estate, > $60k US-situs)9 months after death
Form 4768 (6-month extension)By the 706-NA due date
Form 709-NA (gift, > annual exclusion)15 April (year after)
Transfer Certificate (Form 5173), affidavit routeIRS: 12–18 months after complete documents

No IRS filing fee applies. State estate/inheritance taxes (e.g. New York, Washington, Massachusetts) may apply separately under each state's own rules.

Why the Transfer Certificate matters

US banks, brokers and transfer agents avoid liability for the estate tax only by demanding a Transfer Certificate before they release a nonresident decedent's assets (26 CFR 20.6325-1(a)). It is not required when US-situs assets are $60,000 or less (20.6325-1(b)), or for property administered by an executor appointed and acting in the United States (IRS). Where Form 706-NA is required, the IRS issues the certificate once the tax is fully discharged, which can follow the 9-month filing deadline and any examination; for estates below the filing threshold, the IRS states its processing time for the affidavit and supporting documents is 12 to 18 months from receipt of all documents.

Documents to prepare

  • Certified death certificate and proof of the executor's authority.
  • Date-of-death appraisals for US real estate and broker statements for US securities.
  • Records of prior US gifts and any gift-tax credit used.
  • A treaty position statement with domicile evidence, if relying on a treaty.
Frequently asked questions

Q. Does my heir pay US tax on receiving the gift/inheritance?

A. No β€” US transfer tax falls on the donor/estate, not the recipient. (A US-person recipient may have a Form 3520 reporting duty for large foreign gifts, but not tax.)

Q. I rent out a US property β€” same rules?

A. Rental income is a separate income-tax matter (with FIRPTA withholding on a sale). The estate/gift exposure here is about transferring the asset itself.

Q. What if the US and my country have a treaty?

A. Estate-tax treaties (the US has them with a limited set of countries) can replace the $60,000 exemption with a pro-rated share of the much larger exemption, or change situs rules. Always check your specific treaty.

NRA estate/gift tax checklist (save your progress)

Tick each item as you prepare it. Progress is saved in this browser β€” nothing is uploaded. This is a preparation aid, not tax advice.

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Sources and official references: IRS β€” Gift taxes for nonresidents not citizens of the US; IRS — Estate taxes for nonresidents not citizens of the US; IRS — Transfer certificate filing requirements (nonresidents not citizens); 26 CFR 20.6325-1; 26 U.S.C. §2001(c) (rate schedule); 26 U.S.C. §2102(b) ($13,000 unified credit); IRS β€” Instructions for Form 706-NA (estate tax, 9-month deadline, Form 4768 extension) and Form 709-NA (gift tax). 2026 figures β€” NRA estate exemption $60,000 (fixed), annual gift exclusion $19,000, non-citizen-spouse exclusion $194,000; rates 18–40%. This is an independent self-assessment tool, not tax or legal advice; US-situs determination, treaties and structuring are highly fact-specific. Consult a licensed cross-border estate-tax attorney. See also our exit tax, SPT and green card travel tools.

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Disclaimer

This self-assessment estimates US transfer tax on US-situs assets for informational purposes only. It is not tax or legal advice and does not predict any actual liability.

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An independent self-check for nonresident aliens with US assets β€” built to surface the $60,000 estate-tax trap before it surprises your heirs. Found an error? Use the "Report an issue" button on the right edge.

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