Pre-Immigration Tax and U.S. Investment Planning for High Net Worth Individuals

Navigating the EB-5 Investor's Visa Program, Leveraging Tax Credits and Avoiding Tax Traps

Recording of a 90-minute CLE/CPE webinar with Q&A


Conducted on Tuesday, April 26, 2016
Recorded event now available


This CLE/CPE webinar will provide tax counsel and advisers with a comprehensive guide to the tax and investment planning challenges and opportunities for high net worth foreign clients seeking to immigrate to the United States. The panel will discuss strategies for minimizing the U.S. tax impact of foreign-source ordinary and capital income prior to establishing tax residency in the U.S., and will also detail the EB-5 program for nonresidents seeking to establish permanent residency through investment in the U.S. economy and the tax issues that can arise from participating in a regional center.

Description

The United States is increasingly becoming a tax haven for high net worth foreign individuals, even as we see U.S. corporations invert to lower-tax destinations. The U.S. resistance to additional banking disclosure rules is reinforcing America’s image as the ultimate destination point for many wealthy immigrants. This creates an opportunity for tax counsel and advisers to provide critical income and transfer tax planning to minimize the U.S. tax impact of preexisting foreign assets, and to help design an immigration strategy through investment in the U.S.

Because the U.S. imposes tax on its residents’ worldwide income, a key consideration in preserving the financial wealth of would-be immigrants to the U.S. is whether to accelerate income and gains, and defer deductions/losses prior to establishing U.S. residency. In most cases, this is a desirable strategy, particularly if the U.S. statutory tax rate is higher than the immigrant’s current tax home, but tax counsel must be aware of the impact of this plan on after-tax holdings.

Another important aspect of pre-immigration planning is assisting clients in establishing U.S. residency and gaining immigration priority through applying for an EB-5 Investor Visa. This requires making a substantial investment in a U.S. trade or business in which the immigrant would take an active role. Tax advisers need to thoroughly understand the requirements of this program to assist clients in the application process.

Listen as our experienced panel provides a thorough guide to the nuances of pre-immigration tax planning, offering practical tips to help assist high net worth clients transition into the U.S. in a tax-efficient manner.

Outline

  1. Residency and tax consequences
  2. Pre-immigration planning goals
  3. Avoiding anti-deferral rules
  4. Minimizing transfer tax impact
  5. EB-5 visa program and tax considerations
  6. EB-5 and New Markets Tax Credits
  7. Covered expatriates and the “eight-year rule”

Benefits

The panel will review these and other important issues:

  • What are the key considerations in wealth preservation prior to a foreign individual becoming a U.S. resident for tax purposes?
  • How to avoid anti-deferral rules in pre-immigration transactions
  • How to navigate the EB-5 program through a regional center
  • How does the “eight-year” rule operate for covered expatriates?

Learning Objectives

After completing this course, you will be able to identify the critical tax issues involved in pre-immigration tax planning. You will know how to evaluate when to accelerate income and gains, and how to design an asset transfer strategy to minimize U.S. taxation on preexisting foreign-based assets. You will also have a thorough understanding of the EB-5 investor visa program, and will be able to navigate the application process through the program’s regional centers.

Faculty

Larry J. Behar, Esq., Managing Partner
Behar Law Group, Ft. Lauderdale, Fla.

Mr. Behar specializes in solving complex immigration issues generating business immigration solutions when representing entrepreneurs, investors, multinational companies, professionals and completes family reunification. He published two books in multiple languages, How to Immigrate to U.S.A. and EB-5 United States Immigration through Investment

Richard S. Lehman, Atty
United States Taxation and Immigration Law, Boca Raton, Fla.

Mr. Lehman's tax law practice focuses on an array of commercial transactions involving an international and domestic client base. He previously served as Senior Attorney, Interpretative Division, Chief Counsel’s Office, Internal Revenue Service, Washington D.C. He authored articles on taxation and was editor and contributing author of A Guide to Florida International Business and Investment Opportunities.


Recordings

CLE On-Demand - Streaming Video

Note: Self-study CPE and EA credits are not offered on this On-Demand webinar.

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Note: Self-study CPE and EA credits are not offered on recorded events.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

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Recorded Audio Download (MP3) $297.00

How does this work?


NASBA CPE Sponsor

National Registry of CPE Sponsors

Strafford Publications, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

IRS Approved Provider

Strafford is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).

Program Materials

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Program Materials

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CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

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CPE Credit

Strafford is a NASBA CPE sponsor and our live webinars qualify for CPE credits. They offer you a high quality, cost effective, and convenient CPE option, with no lost travel time or expenses.

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Customer Reviews

I appreciated that the program was packed with helpful practical advice.

Susan Moss

BWS

The program slides were very helpful as was the live Q/A at the end.

Melinda Lackey

Winston & Strawn

The speakers gave an excellent presentation, and their comments appeared to come from actual experience, with real-life illustrations, which added to the value of the seminar.

Cheryl D. Cook

O'Reilly Rancilio

I appreciated the programs focused subject matter and that the speakers did not try to cover too much.

Ernest Williams

Stoll Keenon Ogden

Ms. Morrison provides trademark and brand protection services with significant industry intelligence in the food and beverage, restaurant, healthcare, entertainment, and technology industries. Her practice provides efficient counsel to support the domestic and foreign trademark maintenance, clearance, registration, strategic brand protection and enforcement, and licensing needs of her clients.

Sheila Fox Morrison

Davis Wright Tremaine

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Tax Law Advisory Board

Robert S. Barnett

Partner

Capell Barnett Matalon & Schoenfeld

William H. Byrnes

Associate Dean, Special Projects

Texas A&M University Law

Robert A.N. Cudd

Senior Partner

Polsinelli

Patrick Derdenger

Tax Partner

Steptoe & Johnson

Janice Eiseman

Principal

Cummings & Lockwood

Lynn Fowler

Partner

Kilpatrick Townsend & Stockton

Edward Froelich

Of Counsel

Morrison & Foerster

Daniel L. Gottfried

Partner

Hinckley Allen

J. Leigh Griffith

Partner and Practice Group Leader - Tax

Waller Lansden Dortch & Davis

L. Andrew Immerman

Partner

Alston & Bird

Mark S. Lange

Partner

BakerHostetler

Joseph C. Mandarino

Partner

Smith Gambrell & Russell

Lori Mathison

Partner, Cross-Border Transactions Tax

Fraser Milner Casgrain

Christian M. McBurney

Partner

Arent Fox

Suzanne Ross McDowell

Partner, Tax-Exempt Organizations

Steptoe & Johnson

Todd Reinstein

Partner, Corporate Tax and Due Diligence

Pepper Hamilton

Alex Sadler

Partner

Morgan Lewis

Susan Seabrook

Shareholder

Buchanan Ingersoll & Rooney

Peter Stathopoulos

Managing Director, State and Local Tax Practice

Bennett Thrasher

Eric Tresh

Partner & Co-Chair, State & Local Tax Practice

Sutherland Asbill & Brennan

Amanda Wilson

Shareholder

Lowndes Drosdick Doster Kantor & Reed

or call 1-800-926-7926

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