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I'm not a US person but own US stocks — is the estate tax exemption really only $60,000?

⚠️ Disclaimer: For general information only — not tax, financial, or legal advice. Figures may be outdated or incorrect; tax rules change frequently. Verify important decisions with the CRA/IRS or a qualified professional. You use this information at your own risk.
The short answer

Yes — it really is that small. A nonresident alien (someone who is neither a U.S. citizen nor a U.S. tax resident at death) gets only a $60,000 exemption against U.S.-situs assets, delivered through a $13,000 unified credit under IRC Section 2102(b). Compare that with the $15 million lifetime exemption for U.S. citizens and residents in 2026, and the gap is enormous. Anything above $60,000 of U.S.-situs assets is taxed at graduated rates from 18% to 40%.

How the $60,000 works

The mechanics are simple but harsh:

StepRule
1. Identify U.S.-situs assetsU.S. real estate, stock of U.S. corporations, and cash in a U.S. brokerage account count; deposits at a U.S. bank and most directly held U.S. Treasury bonds generally do not
2. Subtract the exemptionThe $13,000 unified credit offsets the tax on the first $60,000 — estates at or below $60,000 owe nothing
3. Apply the rate tableThe same graduated schedule used for U.S. estates: 18% at the bottom, rising to 40% on amounts above $1 million
4. File if over $60,000The estate files Form 706-NA when U.S.-situs assets exceed $60,000

The rate schedule (from the IRS Form 706 instructions, Table A):

Taxable amount overNot overTax on lower amountRate on excess
$0$10,000$018%
$10,000$20,000$1,80020%
$20,000$40,000$3,80022%
$40,000$60,000$8,20024%
$60,000$80,000$13,00026%
$80,000$100,000$18,20028%
$100,000$150,000$23,80030%
$150,000$250,000$38,80032%
$250,000$500,000$70,80034%
$500,000$750,000$155,80037%
$750,000$1,000,000$248,30039%
$1,000,000—$345,80040%

So $500,000 of U.S.-listed shares left by a nonresident would face roughly $142,800 of tax before deductions — not a flat 40% on everything, but painful all the same.

The treaty exception

The United States has estate-tax treaties with only a handful of countries. Where one exists, it can raise the effective exemption substantially — the U.S.–Canada treaty, for example, effectively gives Canadian residents protection up to the U.S. citizen-level exemption. Check whether your country of domicile has one; most do not.

Common ways families reduce the exposure

  • Hold U.S. equities through non-U.S.-domiciled funds (for example, Ireland-domiciled ETFs) instead of holding U.S. shares directly — shares of a non-U.S. fund are generally not U.S.-situs assets.
  • Keep cash in U.S. bank deposits rather than a brokerage sweep account where possible.
  • Consider lifetime gifts: gifts by a nonresident alien of non-U.S. property are generally not subject to U.S. gift tax.
  • For a non-citizen surviving spouse, the marital deduction generally requires a Qualified Domestic Trust (QDOT) — and it defers the tax rather than eliminating it.
  • Get cross-border estate advice before restructuring; a wrong move can create income-tax costs larger than the estate-tax saving.

Frequently asked questions

Do U.S. stocks held in my home-country brokerage still count?

Yes. Situs depends on the asset, not the account: stock of a U.S. corporation is U.S.-situs even if your broker is abroad.

What about my U.S. rental property?

U.S. real estate is U.S.-situs property, squarely within the tax — and the rental net-election described in our rental article helps with income tax, not estate tax.

Is the $60,000 indexed for inflation?

No. It has been $60,000 for decades, which is why it covers less real-world value every year.

Sources

  • Entry source: https://us-wealth-guide.com/2026-exit-tax-renunciation-guide/
  • Detailed rate analysis: https://www.taxesforexpats.com/articles/non-us-citizens/nonresident-alien-estate-tax-exemption-us-situs-assets.html
  • https://www.bogleheads.org/wiki/Nonresident_alien_taxation
Disclaimer — please read. This article is for general information and educational purposes only. It is not tax, accounting, legal, financial, or immigration advice, and reading it does not create a professional or client relationship between you and Llandora. Tax and immigration rules change frequently and differ by country, province/state, and personal circumstances; figures, thresholds, and examples in this article may be outdated, incomplete, or incorrect, and may not apply to your situation. Always verify current rules with the official sources (CRA, IRS, IRCC, USCIS) and consult a licensed professional before making any decision. Llandora makes no warranty of any kind — express or implied — about the accuracy, completeness, reliability, or timeliness of this content. To the fullest extent permitted by law, Llandora disclaims all liability for any loss, damage, cost, or expense arising from errors or omissions in this article or from any action taken or not taken in reliance on it, whether direct, indirect, incidental, or consequential. You rely on this article entirely at your own risk.