FOREIGN INVESTMENTS IN U.S.
We work closely with non-U.S. residents looking to invest in the U.S., relocate their families to the U.S., expand business into the U.S. or pass wealth to the U.S. beneficiaries.
We have developed a strong reputation for counseling our clients on a wide range of inbound U.S. transactions – from passive investments to growing successful operating businesses.
Any U.S.-related transaction mobilizes an array of complex U.S. tax rules.
We use our expertise in U.S. taxation, corporate law and cross-border transactions to structure inbound direct investments that are tax efficient with regards to operations, repatriation of profits, and upon restructuring, eventual disposition and exit.
Represented a foreign client in connection with setting-up a Delaware Dynasty Trust for purchasing and holding investment real estate in New York
Represented a foreign private fund in connection with the corporate and tax structuring of their investment in commercial real estate project in NYC utilizing beneficial tax treaty provisions, and combination and debt and equity
Represented as co-counsel a foreign investor in setting up an irrevocable trust in New York for purchasing and holding real estate in Manhattan for the benefit of the investor’s family
Advised a foreign client on structuring a reverse 1031-exchange for the sale of $5M mixed-use property in Midtown Manhattan
Analyzed feasibility of a project involving dry natural gas to methanol production plant in Marcellus Shale taking advantage of the cheap stranded shale gas available in the area and limited regional competition
Advised UK private equity fund on a complex pre-IPO $25M bridge financing of a healthcare company in the U.S.
Advised Ukrainian-based water filtration company in connection with U.S. market entry, and establishing production facility and operations in the U.S.
Experts in Cross-Border Transactions and Inbound Investments in the U.S.
Multi-jurisdictional families use our expertise in complex cross-border structuring and planning involving U.S. investments.
Areas of expertise:
Minimizing tax costs by optimizing use of the foreign tax credit, available tax treaties and leverage
Maximizing tax deferral opportunities by navigating complex controlled foreign corporation (“CFC”) rules and passive foreign investment company (“PFIC”) rules
Selecting the proper U.S. entity and structure to minimize or eliminate U.S. taxation on inbound ventures
Structuring transactions to minimize the adverse effects of FIRPTA rules that apply to foreign investments in the U.S. real estate
Consulting clients on application of FATCA rules and CRS compliance
Foreign Investment in U.S. Real Estate
Dilendorf & Khurdayan represent individuals, families and private funds across a wide range of U.S. real estate transactions including purchases, sales and leasing, construction, development, financing and joint ventures.
Foreign investments in the U.S. real estate present additional complications in terms of taxation and structuring.
If a foreign investment in New York real estate is improperly structured, a combined Federal, NY State and NYC tax rate on gains realized from selling the property could be as high as 65%.On the other hand, proper advance planning may substantially reduce and, in certain cases, completely eliminate U.S. taxation associated with ownership and sale of real estate in the U.S.
For our foreign clients, we provide the following real estate services:
Formation and implementation of tax-efficient investment structures
Resolving issues arising at disposition of US property interests (FIRPTA)
Handling fund formation and joint ventures involving foreign parties
Incorporating U.S. real estate into clients’ exiting holding structures/estate plan
The appropriate real estate holding structure depends heavily on the client’s goals, future plans, country of residence and the underlying reasons for investing in the U.S. real estate.
Inbound U.S. Planning Beyond Real Estate
Dilendorf & Khurdayan provides counsel to international investors regarding their investments in U.S. ventures and property, as well as their tax treatment under U.S. laws and treaties.
Any cross-border transaction or investment must also account for the client’s overall holding structure and estate plan. Client’s portfolios of assets and investments are rarely limited to one country. Many of our clients have family members who live both within and outside the United States with investments and businesses on both sides of the border. As such, proper planning should extend to all aspects of their life, personal and business.
Multi-national families and high-net-worth individuals benefit from our tax-efficient use of trusts and holding structures.
We advise clients with respect to:
Developing the most effective business and legal structures
Structuring operations to reduce or defer U.S. federal taxes, including by navigating CFC and PFIC rules
Protection for the principals of international companies from liability
Helping our clients understand the differences between the U.S. tax system and the tax systems of other jurisdictions, including the effect of tax treaties
Selecting the proper U.S. entity and structure to minimize or eliminate U.S. taxation, including branch profits tax
Leveraging your Inbound Investments
Generally, a foreign person can benefit from leveraging their investments in the U.S. If the transaction is properly structured, the debt can also produce an interest income to the client that would be free from U.S. income taxes or withholdings.
Any leveraged ownership structures require extensive planning and involves several complex tax provisions dealing with thin capitalization rules, portfolio interest exemption and income stripping rules.
The structuring of leveraged investment will depend on a lot of factors – the residency of the investor, available tax treaty benefits, type of investment and the level of investor’s engagement in the project, investor’s existing holding and operating structure and many others.
Bilateral Tax Treaty Benefits
The U.S. maintains bilateral tax treaties with 68 countries.
Under these treaties, residents of foreign countries are taxed at a reduced rate, or are exempt from U.S. taxes on certain items of income they receive from sources within the U.S. The impact of tax treaties can be quite significant for the client’s bottom line, substantially reducing U.S. income and withholding taxes.
With proper structuring, the tax savings could be very significant allowing effective tax rate reductions of up to 70-80%, making a client’s U.S. inbound investment much more attractive.
Foreign Direct Investment in the United States: Trends
Foreign Investment in New York Real Estate: Tax & Legal Guide
The Committee on Foreign Investment in the United States (CFIUS)
How Foreign Investors Can Reduce or Eliminate FIRPTA Withholding
Investment in U.S. Real Estate by Foreign Persons