Individuals and companies engaged in international business and trade are very often overwhelmed by the multitude of regulations, laws and tax provisions governing their endeavors. One thing is certain, the sooner you plan, the simpler the process. From a simple import/export business to a multi-national corporate expansion, at Dorot & Bensimon PL we ensure that our clients are aware of the potential risks and legal implications and assist them in devising an efficient and successful structure that provides both business sense and tax efficiencies.
Whether you are already engaged in an international business endeavor or are considering venturing out (or in), our attorneys will guide you throughout the process to assure your success and protect your interests. With significant experience both in the micro and macro levels of the international business landscape.
Foreign Investment in U.S. Real Property
Some of the most dangerously unknown tax traps exist in the realm of foreign investment in U.S. real property. With the high demand for U.S. real estate by foreign buyers, the opportunity to capitalize on great rebounding market has never been greater. While such investments are expected to yield great return in both in the short and long-term horizon, properly structuring the investment is crucial.
Limited Liability. The investment must be held in a limited liability form where the investor is protected from outside creditors.
Management. The investment must account for the appropriate management structure to assure efficiencies and competency in the day-to-day operation of the investment.
Tax Considerations. An appropriate entity structure must be set up in order to prevent estate tax inclusion of the investment upon the foreign investor’s death. Many foreign investors ignore this concern to their severe detriment. Furthermore, withholding of income tax both on the ongoing income generated by the investment as well as gains from the ultimate sale of the investment must be properly addressed.
At Dorot & Bensimon PL we will assist you in ensuring your protection to the highest degree available in order to maximize your investment and avoid unnecessary tax implications. Once the appropriate structure is in place, you will be able to increase your investment at minimal additional set-up cost. Whether you intend on investing in a small apartment on South Beach, an entire building on Brickell, or a shopping center in Doral, our attorneys will vigorously and competently represent you throughout the entire process.
Foreign Investment in U.S. Markets
With global uncertainty in various nations around the world, foreigners have often turned to the U.S. markets as a safe place to hold their investments. Foreign companies, looking to take advantage of the U.S. market or the reliable U.S. laws, often seek to establish their business, or at least a part of it, in the U.S. Whether an active business, investment fund or other form, Dorot & Bensimon PL can assist you and your company to navigate through the complexities of the tax code, licensing, transfer pricing, permanent establishment, U.S. trade or business classification, effectively connected income analysis and any other aspect of expanding your business into the U.S. in the most appropriate and efficient manner.
International Tax Compliance
Rarely will the appropriate tax structure include individuals making investment in their individual name. Typically, this will be done through one of a variety of different entity types including, but not limited to, corporations, partnerships, limited liability companies and trusts. Once the appropriate vehicle is chosen, the tax and financial reporting obligations will evolve from those of an individual investor. Our firm will assist you in identifying the appropriate required Forms (W-8BEN-E, W8IMY, 5471, 5472, 8858, 8865) and in assuring they are completed accurately so that you may avoid additional withholding, delayed refunds or fiscal penalties as a result of anything less than full compliance with U.S. law.