What Every Foreign Investor Should Know About Owning U.S. Stock (2024)

What Every Foreign Investor Should Know About Owning U.S. Stock (1)

  • December 7, 2023

U.S. stock is a popular investment for U.S. citizens and foreigners alike. There is no citizenship requirement for owning U.S. stock and foreigners can easily access U.S. stock through U.S.-based brokers and international brokers. Despite its popularity among foreign investors, many foreigners haven’t properly planned for the U.S. estate tax consequences of owning U.S. stock. Other foreign investors are aware of the U.S. estate tax, but incorrectly assume the U.S. will not be able to enforce it.

Who is a U.S. Person

The first step to planning for U.S. estate tax is to determine whether the taxpayer is a U.S. person or non-U.S. person for estate tax purposes. In short, a U.S. person is a U.S. citizen or a U.S. domiciliary and everyone else is a non-U.S. person. For more detail on making this determination see our previous blog, https://honemaxwell.com/who-is-a-u-s-person-estate-tax-vs-income-tax/.

U.S. Estate Tax for Non-U.S. Persons

For non-U.S. persons, the estate tax only applies to U.S. assets. U.S. assets include U.S. real estate, tangible property in the U.S., physical currency located in the U.S., and stock issued by U.S. companies. A non-U.S. person is subject to an estate tax of up to 40%. Each non-U.S. person has an exemption amount of $60,000 meaning the first $60,000 of their U.S. assets may be transferred tax free to their beneficiaries. This exemption amount may be increased by an applicable U.S. tax treaty; however the U.S. does not have an extensive estate and gift tax treaty network as it does with income taxes.

Enforcement

We are often asked how the Internal Revenue Service (IRS) will know that the assets have been transferred. One common way the IRS will find out is through a transfer certificate. Many financial institutions require beneficiaries to obtain a transfer certificate before they will release the assets of the estate to the beneficiaries. A transfer certificate is issued by the IRS and will only be issued when the IRS is convinced that the estate tax has been fully satisfied. If the value of the U.S. assets exceeds $60,000 a Form 706-NA (estate tax return) must be filed before the IRS will issue a transfer certificate. In many cases, the financial institution may also ask for a copy of the 706-NA.

Planning

Some might be tempted to game the system by having someone log into their brokerage account when they die to sell all the U.S. stock they own. This is extremely risky and is not a viable estate plan. Those involved are at risk of civil fraud penalties and potentially criminal liability. It would also be relatively easy for the financial institution and regulators to discover the fraud because the transfer will have occurred after the time of death on the death certificate. Additionally, it will raise red flags when all the stock has been sold on the date of death. However, there are viable planning options.

One easy method of avoiding U.S. estate tax on U.S. stock is divestment during the owner’s lifetime. However, the divestment must take place during the owner’s lifetime because the U.S. stock is not taxed as a gift, only as an inheritance. Additionally, foreigners may consider accessing U.S. stock through non-U.S. investments such as non-U.S. mutual funds or non-U.S. ETFs. Non-U.S. persons may also choose to own the U.S. stock through a foreign corporation or foreign trust structure. If done correctly, the owner’s shares of the U.S. stock can pass to their heirs with no U.S. estate tax.

Planning for the U.S. estate tax is essential for all non-U.S. persons who own U.S. assets. The U.S. estate tax of 40% can significantly impact wealth transfer between generations, so proper planning is essential. Planning requires an analysis of many factors such as U.S. income taxes, taxes in the home country, creditor protection, legal compliance, and administrative costs.

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Disclaimer: Hone Maxwell LLP articles and blogs are not intended as legal advice. Additional facts, facts specific to your situation or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.

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What Every Foreign Investor Should Know About Owning U.S. Stock (2024)

FAQs

What Every Foreign Investor Should Know About Owning U.S. Stock? ›

Non-U.S. persons may also choose to own the U.S. stock through a foreign corporation or foreign trust structure. If done correctly, the owner's shares of the U.S. stock can pass to their heirs with no U.S. estate tax. Planning for the U.S. estate tax is essential for all non-U.S. persons who own U.S. assets.

How do foreigners invest in the US stock market? ›

An international stockbroker can help investors new to the U.S. market manage their investments. Brokerage firms can help ensure that your investments comply with all laws. Plus, a broker in the U.S. will be familiar with how to navigate the intricacies of the American stock market.

What do foreign investors look for in a country? ›

Economic development also plays a key role in terms of FDI attraction (see Figure 3). Low-income countries are mostly categorized as “unfree” and are less likely to attract FDI. Macroeconomic factors—trade freedom, quality of infrastructure, market size, and human capital, for instance—positively impact FDI.

What percentage of my portfolio should be in international stocks? ›

In general, Vanguard recommends that at least 20% of your overall portfolio should be invested in international stocks and bonds. However, to get the full diversification benefits, consider investing about 40% of your stock allocation in international stocks and about 30% of your bond allocation in international bonds.

Is 20% international enough? ›

My main purpose of this post is to get an idea of what percentage others allocate to International Stocks. I read a Vanguard article that recommended at least 20% of the equity portion in international, and as high as 40%. Based on the 120 minus age rule, our equity should be 65%.

Do foreigners pay tax on US stocks? ›

You generally won't have to pay U.S. capital gains tax on your investment earnings if you're a nonresident alien. You'll usually be subject to the same capital gains tax as U.S. citizens if you're a resident alien.

Who owns most of the US stock market? ›

The richest Americans own the vast majority of the US stock market, according to Fed data. The top 10% of Americans held 93% of all stocks, the highest level ever recorded.

How do you woo foreign investors? ›

How to attract international investors?
  1. Have a strong business model. ...
  2. Be prepared. ...
  3. Consider between vertical and horizontal foreign investment. ...
  4. Build an international network. ...
  5. How do foreign governments encourage foreign investment?

Which country is best for foreign investors? ›

20 Countries that Receive the Most Foreign Direct Investment
  • United Kingdom. ...
  • Germany. ...
  • Japan. ...
  • India. ...
  • Sweden. ...
  • Canada. ...
  • Australia. Foreign Direct Investment, Net Inflows (2022) (current USD): $67.12 billion. ...
  • Brazil. Foreign Direct Investment, Net Inflows (2022) (current USD): $91.50 billion.
Mar 28, 2024

What is one issue to consider when investing in assets in foreign countries? ›

The decision to invest overseas should begin with determining the riskiness of the investment climate in the country under consideration. Country risk refers to the economic, political, and business risks that are unique to a specific country, and that might result in unexpected investment losses.

Should a 70 year old be in the stock market? ›

Indeed, a good mix of equities (yes, even at age 70), bonds and cash can help you achieve long-term success, pros say. One rough rule of thumb is that the percentage of your money invested in stocks should equal 110 minus your age, which in your case would be 40%. The rest should be in bonds and cash.

How much of my portfolio should be in US stocks? ›

Stock allocations by age

Investors in their 20s, 30s and 40s all maintain about a 41% allocation of U.S. stocks and 9% allocation of international stocks in their financial portfolios. Investors in their 50s and 60s keep between 35% and 39% of their portfolio assets in U.S. stocks and about 8% in international stocks.

What is the best portfolio balance by age? ›

The common rule of asset allocation by age is that you should hold a percentage of stocks that is equal to 100 minus your age. So if you're 40, you should hold 60% of your portfolio in stocks. Since life expectancy is growing, changing that rule to 110 minus your age or 120 minus your age may be more appropriate.

Where should I hold international stocks? ›

One of the easiest ways to invest in a broad swath of international companies across countries and sectors is through an exchange-traded fund (ETF) or a mutual fund.

Do I really need international stocks? ›

U.S. stocks have outperformed global equities over the past 15 years, leading many investors to believe there is no good alternative. However, non-U.S. stocks may be attractive due to lower valuations, higher dividend yields and growth potential in select regions.

Will international stocks outperform US stocks? ›

If it declines significantly in coming years, as many are anticipating, then U.S.-based investors in non-U.S. stocks could receive an additional boost to their bottom lines. Yet another reason to bet that non-U.S. stocks will continue to outperform U.S. equities is their much more favorable valuations.

Can a non citizen buy stocks in us? ›

There is no citizenship requirement for owning U.S. stock and foreigners can easily access U.S. stock through U.S.-based brokers and international brokers. Despite its popularity among foreign investors, many foreigners haven't properly planned for the U.S. estate tax consequences of owning U.S. stock.

Can foreigners invest in the S&P 500? ›

How to invest in S&P500 Index as a non-US resident. As an investor, we cannot invest directly in the S&P500 index. Instead, the easiest way to invest in the S&P500 index is through investing in the S&P500 Exchange-Traded Funds (ETFs). An ETF is an instrument that mirrors the performance of an underlying index.

What percentage of the US stock market is owned by foreigners? ›

At that rate foreign investors' share of the fixed U.S. capital stock would rise to about 8.4 percent in the year 2000, but decline to 7.8 percent in 2010 and to 2.8 percent in 2020.

Can anyone buy stocks in USA? ›

Indians can invest in US stocks through mutual funds, ETFs, and direct or indirect methods. There are options like global trading accounts with domestic agents or overseas trading accounts with foreign brokers. NSE IFSC Exchange now offers US stock trading.

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