The Problem: An estate marital deduction is only allowed to a spouse who is a U.S. citizen.
The Solution: A Qualified Domestic Trust (QDOT).
Normally, no estate marital deduction is permitted to a spouse who is not a U.S. citizen. However Internal Revenue Code section 2056(A) provides that if the non U.S. citizen spouse becomes a U.S. citizen before the time that the decedents estate return must be filed, or if the decedents property passes to a QDOT, a marital deduction becomes available.
To qualify as a QDOT, a trust must meet the following requirements which are designed to ensure that the transferred assets will ultimately be subject to U.S. estate taxation in the taxable estate of the first spouse to die:
The trust must be a "traditional" marital deduction trust;
At least one trustee of the QDOT must be a U.S. citizen.
The trust must be an "ordinary" trust, and cannot be a "business trust", "investment trust" etc.
The QDOT must provide that distributions other than hardship or income distributions are subject to withholding tax;
The trust must meet regulations which ensure collection of any QDOT tax imposed on the trust; and
The executor must elect QDOT treatment for the trust.
A QDOT can be used effectively in cases where one spouse is not a U.S. citizen. Please contact us for further information on how these provisions can be incorporated into your estate plan.
Testimonials
Thx Mark and it’s great to be working with you and your team again this year. We really appreciate your knowledge and guidance as we navigate the Canadian and US tax system over the last couple years. You and your team are our go trusted accountants and we appreciate all that you do.
EH, St Petersburg, FL, 3/6/2026
I'm relieved that my taxes for this year are done. I appreciate you doing my returns very expeditiously.
FA, Stratford, ON, 3/6/2026
I do want to make sure to say I've had an extremely positive experience. International taxes are extremely complicated, especially given my unstructured investment portfolio, and I would not know where to begin. The help (especially with my mother's final taxes) has been greatly appreciated.
JJ, Orleans, ON, 3/6/2026
Thank you for being so clear! Again, thank you for your patience :)
AN, Buffalo, NY, 3/5/2026
Again, thank you so much for your diligence on all of this, really appreciated!!!!
MH, Montreal, QC, 2/28/2026
Thx Mark and it’s great to be working with you and your team again this year. We really appreciate your knowledge and guidance as we navigate the Canadian and US tax system over the last couple years. You and your team are our go trusted accountants and we appreciate all that you do.
EH, St Petersburg, FL, 3/6/2026
I'm relieved that my taxes for this year are done. I appreciate you doing my returns very expeditiously.
FA, Stratford, ON, 3/6/2026
I do want to make sure to say I've had an extremely positive experience. International taxes are extremely complicated, especially given my unstructured investment portfolio, and I would not know where to begin. The help (especially with my mother's final taxes) has been greatly appreciated.
JJ, Orleans, ON, 3/6/2026
Thank you for being so clear! Again, thank you for your patience :)
AN, Buffalo, NY, 3/5/2026
Again, thank you so much for your diligence on all of this, really appreciated!!!!
MH, Montreal, QC, 2/28/2026
Thx Mark and it’s great to be working with you and your team again this year. We really appreciate your knowledge and guidance as we navigate the Canadian and US tax system over the last couple years. You and your team are our go trusted accountants and we appreciate all that you do.
EH, St Petersburg, FL, 3/6/2026
I'm relieved that my taxes for this year are done. I appreciate you doing my returns very expeditiously.