Although likely not 100% the same for the Swiss situation, let me share with you my information from the Dutch point of view, as we also have an estate treaty with the U.S. I had an email exchange with someone from the estate department at IBKR and his written answers are quite interesting. Here I will copy the most relevant parts:
US assets-US situs for Dutch residents
Non-US resident, non-US citizens who owned more than $60,000 USD in US-located assets on their date of death may have estate-tax obligations to the US Internal Revenue Service. US-located assets may include, among other assets, real estate or other tangible assets located in the United States. See this link for more information https://www.irs.gov/businesses/small-businesses-self-employed/transfer-certificate-filing-requirements-for-the-estates-of-nonresidents-not-citizens-of-the-united-states.
Please be advised that Interactive Brokers does not provide tax advice. The responsible person or persons for the estate and heirs are ultimately responsible for determining tax obligations, if any, under U.S. Law. We urge you to seek professional tax advice.
Unless the court of a US state has designated an executor to administer the estate of the deceased, Interactive Brokers cannot disburse any such US assets (or proceeds from their sale) until we receive EITHER:
(a) a letter affirming that on date of death, the deceased owned less than $60,000 in US-located assets , the letter does not need to be notarized, OR
(b) Option one
Because assets in the account exceed $60,000, we can disperse upon receipt of a Transfer Certificate issued by the U.S. IRS. We understand the IRS is backlogged and currently taking 2-3 years to issue certificates after receiving a 706-NA return. See https://www.irs.gov/pub/irs-pdf/f706na.pdf
(b) Option two
If, based on professional tax advice, you determine a full 706-NA is not necessary and no estate tax is due under the US-Netherlands estate tax treaty (NETHERLANDS ESTATE TAX TREATY) (and that the treaty is still valid and in force) because the US stocks in the account are not taxable by the U.S. under the terms of the treaty, then IB can disperse assets upon receipt of the following:
- IRS Form 706-NA completed as per the requirement described below
- IRS Form 8833
- an email from the executor/heir or other signatory on the forms stating that these forms have been filed with the IRS.
My interpretation:
- No direct dealing with the IRS necessary for Dutch heirs under the estate tax treaty: The reply suggests that if the U.S.-Netherlands estate tax treaty is in force and applicable (which it is for now), and if the U.S. assets in question are not taxable under the treaty, then Dutch heirs may not have to deal directly with the IRS for U.S. estate tax purposes. This would be the case as long as the necessary forms (Form 706-NA and Form 8833) are sent to the IRS.
- Only in certain cases (i.e., if there is ambiguity about the tax obligation), a Transfer Certificate or further IRS involvement may be needed. The estate’s professional tax advisor would need to confirm whether U.S. estate tax applies or whether the treaty is applicable to avoid it.
Summing up, a Transfer Certificate from the IRS is not necessary. But there is a need for a latter from a professional tax advisor confirming that the treaty is applicable and there is no US estate tax due.