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Level 1
June 4, 2019
Question

Foreign trust definition

  • June 4, 2019
  • 1 reply
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What can be considered a foreign trust?

1 reply

Level 15
June 4, 2019

" What can be considered a foreign trust?"

A foreign trust is any trust other than a domestic trust, per Treas. Reg. §301.7701-7(a):

(1) A trust is a United States person  if -

(i) A court within the United States  is able to exercise primary supervision over the administration of the trust (court test); and

(ii) One or more United States persons  have the authority to control all substantial decisions of the trust (control test).