International Tax

Non-U.S. individuals and entities (“persons”) frequently own assets in the U.S. “Inbound” transactions generally involve non-U.S. persons moving to the U.S., purchasing assets in the U.S. (such as real estate), or establishing U.S. businesses.

Inbound tax and estate planning

We are involved in all aspects of these types of planning projects, including:

• Pre-immigration income and estate tax planning
• Estate planning for non-U.S. persons leaving assets to U.S. children or other family members
• Forming new U.S. businesses and structuring to minimize U.S. income and withholding taxes, including the branch profits tax as well as U.S. tax filing obligations
• Structuring for investment in U.S. real estate (including FIRPTA)
• IP licensing and related tax structuring
• Compliance and reporting (e.g, FATCA)
• Coordination with tax counsel in other jurisdictions so that planning is consistent
• Hedge fund, private equity fund and real estate fund formation and operation, usually involving non-U.S. investors
• Inbound mergers of foreign entities into U.S. entities
• Planning to minimize state and local taxes

Outbound tax and estate planning

“Outbound” transactions generally involve U.S. persons who are investing abroad. U.S. persons often start businesses or develop and own real estate internationally. We assist with cross-border structuring intended, among other things, to minimize double taxation. Common planning projects for outbound planning include:

• Planning to minimize the effects of Subpart F and the passive foreign investment company rules
• Treaty analysis and country selection when starting new business operations
• Taking advantage of foreign tax credits
• Outbound mergers of domestic entities into foreign entities
• IP transfers, licensing, and related tax issues
• Transfer pricing
• Minimizing the impact of the new tax on Global Intangible Low Tax Income (GILTI)
• The new deduction for Foreign Derived Intangible Income (FDII)