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Home/International Tax/Pre-Immigration Tax Planning
International Tax · New York City

Pre-Immigration Tax Planning

The day you become a U.S. tax resident, your worldwide income, your foreign companies and your trusts come under U.S. rules. Most of the planning has to be finished before that day.

We plan the move for founders, executives and families: when residency starts, what to sell or restructure first, and what to report once you arrive.

Residency timing  ·  Basis step-up  ·  Foreign companies  ·  Trusts
Why It Matters

U.S. residency is a tax event, and it arrives on a date.

A green card makes you a resident from the day you enter on it. Without one, the substantial presence test counts days: 183 over a weighted three-year window, with at least 31 in the current year.

Before that date, gains can be realized at home-country rates, companies can be restructured, trusts can be settled and gifts can be made outside the U.S. system.

After it, the same steps are taxed and reported in the United States, often at higher rates and with penalties for missed forms.

The Landscape

The thresholds that define the move.

IRS figures for residency and reporting.

183 days
Substantial presence test: weighted days over three years, with at least 31 in the current year
$15M
Federal estate and gift tax exclusion for a U.S. domiciliary in 2026, against $60,000 for a nonresident
$10,000
Annual penalty for each missed Form 5471 reporting a foreign corporation
$100,000
Foreign gifts above which a U.S. person must report on Form 3520

Day counting has exceptions for certain visa holders and for closer connection to another country. The exceptions are claimed on a form, not assumed. Sources: IRS, Substantial Presence Test; IRS, Rev. Proc. 2025-32; IRS, Instructions for Form 5471; IRS, Instructions for Form 3520.

What We Do

What pre-immigration planning covers.

Timing

Residency start date

Visa type, entry date and day counts, so the residency date is chosen rather than discovered.

Basis

Gains and basis

Realizing or stepping up built-in gains before residency, where the home country permits.

Companies

Foreign companies

Controlled foreign corporation and passive foreign investment company analysis, with elections and restructuring before arrival.

Trusts

Pre-arrival trusts and gifts

Trusts settled and gifts made while still a nonresident, designed to hold up after the move.

Estate

Estate tax exposure

Domicile planning and the shift from a $60,000 exemption to the full U.S. exclusion.

Reporting

First-year compliance

FBAR, Form 8938, Forms 5471, 8621 and 3520, calendared from year one.

How We Work

How the engagement runs.

Ideally started six to twelve months before the move.

01

Inventory

Assets, companies, trusts, income sources and the home-country tax position.

02

Date

Residency start date set with immigration counsel and travel plans.

03

Restructure

Elections, sales, gifts and trusts completed before the date.

04

Arrive

First-year returns and information filings prepared with your accountant.

How the Practice Is Built

Lawyers who plan the structure and defend it.

Planning

Structure before the move, the investment or the sale.

Residency timing, entity choice, trusts and elections are decided together, with the home-country result in view. We coordinate with your accountants and counsel abroad so the plan works in both places.

Protection

Compliance and controversy in the same hands.

Foreign asset reporting, penalty exposure, streamlined and voluntary disclosures and IRS examinations. The firm also litigates and arbitrates, so a plan is written knowing how it will be tested.

Before You Move

Planning after arrival is damage control. Planning before it is design.

The order of steps matters as much as the steps.

Do
  • Start before the visa is issued, not after
  • List every foreign company, fund and trust you hold or benefit from
  • Coordinate with home-country advisers on exit tax and timing
  • Keep a travel log; days in the United States count
Do not
  • Assume a visa and tax residency start on the same day
  • Receive a large distribution from a foreign trust after becoming resident without advice
  • Keep a foreign holding company untouched and hope it does not matter
  • Treat the first U.S. return as routine
Insights

From the firm’s writing.

Founders

U.S. Pre-Immigration Tax Lawyer for AI & Software Founders

Holding companies, IP and timing before the move.

Read the article
Guide

U.S. Pre-Immigration Tax Planning: What to Know Before You Move

Residency, gains, trusts and reporting in plain language.

Read the article
Estate

U.S. Pre-Immigration Tax Planning: the $60,000 Estate Tax Exemption

Why domicile changes everything.

Read the article
FAQ

Frequently asked.

On the first day you are present as a lawful permanent resident, or when you meet the substantial presence test: 183 weighted days over three years with at least 31 in the current year. Some visas and a closer connection to another country can change the result.

Often yes, if the home country taxes the gain lightly or not at all. The United States does not step up basis on arrival, so pre-move gain is taxed later at U.S. rates unless it is realized first. Each asset is reviewed.

If U.S. persons own more than half of it, it becomes a controlled foreign corporation. You may be taxed on its income each year whether or not it is distributed, and you must file Form 5471. Elections before the move can change the result.

Yes, and it is one of the most effective steps. A trust settled while you are a nonresident can hold assets outside your U.S. estate. The design must anticipate the grantor becoming a U.S. person.

Yes. The residency date depends on the visa path and travel, so tax and immigration planning are coordinated from the start.

Moving to the United States?

A confidential consultation before the visa is issued. We will tell you what should happen before the move and in what order.

Dilendorf Law Firm PLLC · 115 Broadway, 5th Floor, New York, NY 10006 · info@dilendorf.com
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