Max Gerstein: US-Situs Risk Is Not About Tax — It’s About Legal Ownership Structure
Most people think US-situs risk is a niche tax rule that only matters on death. It isn’t. US-situs risk is not a tax issue. It is a legal ownership issue . Tax is the outcome. Jurisdiction is the trigger. That distinction matters more than any product, platform, or portfolio decision most investors will ever make. Globally mobile investors tend to think like consumers, not owners. They say things like: “I don’t live in the US.” “I’m not American.” “My broker is international.” “It’s just an ETF.” “It’s diversified.” “It’s passive investing.” None of those statements protect you. Because US-situs exposure has nothing to do with where you live, your passport, or your intentions. It has everything to do with where ownership legally exists . Situs does not mean geography. It does not mean residence. It does not mean nationality. It does not mean tax residency. It does not mean platform branding. It does not mean currency. Situs means where an asset is legally a...