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Introduction US citizens(1) who are UK-resident beneficiaries of US trusts may be taxed twice on the trust s income or capital gains because of the overlapping scope of UK and US taxation. The UK-US Double Taxation Convention (the treaty) may not serve as the desired panacea where there is a mismatch in both the timing of tax liabilities and the taxpayer s identity under the domestic laws of each jurisdiction. This potential liability to double taxation may be an unfair cost of using such trusts to benefit members of transatlantic families. However, as outlined below, there are options for mitigating this exposure so that UK residents may benefit from US trusts without suffering cross-border double taxation.

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