Persons who are not domiciled in the U.S. for estate tax purposes, such as nonresidents, face a challenging estate tax planning environment when they invest in assets in the U.S. Instead of the exemption amount to which United States citizens and permanent residents are entitled, a non resident alien is only entitled to an exemption of $60,000 for the property located in the U.S. Permanent residents of the United States, while entitled to the estate tax exemption for the United States estate tax, are subject to United States estate tax on their worldwide assets, including assets held in the home country. Both nonresident aliens and green card holders may also be subject to estate tax in their country of origin or foreign countries where other assets are located. Consulting an attorney in the U.S. prior to investing in California will help minimize those potential risks.
In addition, consulting an attorney in the foreign country(ies) where other assets are located will enable to harmonize the estate tax position of such person worldwide.
When forming a legal entity, the main purpose is to separate the entity from the holdings of its owners to ensure limited liability. Besides a C Corporation, there may be better choices to achieve the desired results: S-corporations, Limited Partnerships and Limited Liability Companies or a combinations of those.
Generally, California and Federal law provide business owners with multiple organization structure possibilities. Choosing the proper entity when establishing a business is a critical decision. Depending on each interest parties concerns, such as asset protection, minimization of personal income taxes, or planning for the overall success of the business venture, great considerations must be given to the selection of the business entity. In some cases, a multi-entity structure must be utilized to address the concerns of every interested person.
We provide legal advice negotiating, documenting and closing cross-border business ventures, as well as domestic projects. Our business transaction services include the following:
1. Purchase or Sale Agreements - including buying or selling a business, contracting for goods or services;
2.Loan documents for the owners/shareholders;
3. Shareholders' & Partnership Agreements;
4.Commercial leases (landlords and tenants issues);
5.Employment Agreements for key management;
6.Review of structure to minimize tax exposure;
7.Exclusive Distribution and Logistics Agreements;
8. Employment/HR basic documentation.
Our One-stop comprehensive approach to dealing with IRS International reporting compliance for U.S. persons with assets abroad (FBAR filings, IRS Voluntary Disclosure, FATCA) and tax planning and tax controversies, including assistance with IRS Foreign Bank Account Disclosures. If offshore accounts have been unreported, we can help. We can also assist with pre-immigration tax planning - you should not have to face the U.S. tax system without a good understanding of the breadth of tax compliance and reporting requirements. We work closely with your immigration attorney to ensure that you have a clear understanding of your options before you move to the U.S.
We assist our foreign clients who wish to invest or move permanently to the U.S.A. navigate the potential pitfalls of doing business here by providing valuable multi-lingual legal and business advice and provide guidance in coordinating with immigration attorneys and CPA's familiar with International tax compliance to ensure a seamless transition. If you have in mind to set-up a business in the U.S. to support a non immigrant visa we work closely with immigration attorneys to support a cohesive business plan.
We advise International and domestic clients in structuring their real estate investments in the United States. Whether it is the acquisition of a condominium or complex negotiations for the purchase or sale of commercial property, we can handle the real estate aspect transaction from beginning to end. With a network of foreign law firms we are also able to coordinate with foreign counsel and advise as to the proper structuring of such outbound investments for United States tax purposes.