Person A is a US Citizen. Person B is a Brazilian citizen who is NOT a US Citizen and is NOT a US resident. As part of estate planning, Person B decides to give Person A a gift prior to their death. Under US tax law, the giver is taxed, and since the giver in this case is not a taxable US entity the gift itself is tax free to Person A. The income on that gift is taxable under US law to Person A, from the point the gift is received.
Is there a way to structure that transaction so that the income on this gift is for the benefit of Person B during the remainder of Person B's lifetime, hence tax-free to Person A since Person A is not the beneficiary? Could you set up a revocable US trust that has as the income beneficiary Person B, and is there a provision in US trusts to have the income go to a foreign citizen tax free? Any excess income retained by the trust could either be retained in the trust and taxed at the US rate for trusts, or given to Person A and taxed at Person A's individual rate.