Estate Planning Issues for Foreign Investors in U.S. Real Estate and Businesses: Tax Treaties, Corporate Structures

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Estate Planning
- event Date
Tuesday, August 16, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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BARBRI is a NASBA CPE sponsor and this 110-minute webinar is accredited for 2.0 CPE credits.
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BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).
This CLE/CPE webinar will provide estate planners with a helpful guide to estate planning challenges and opportunities for foreign investors holding U.S. real estate and business interests. The panel will discuss the tax rules and treaty provisions impacting estate planning associated with nonresident investors. The panel will focus on strategies to minimize gift and estate tax taxation of real estate and business interests--whether held individually or through an entity--for counsel and advisers working with nonresident investors.
Faculty

Mr. Diosdi is an experienced trial lawyer who regularly defends individuals and corporations in matters involving tax controversies and government regulatory enforcement. He also has vast experience assisting clients who find themselves with unreported or undeclared bank accounts outside the U.S. Mr. Diosdi is acknowledged as one of the nation’s leading experts in contesting penalties associated with failing to file FBARs. In addition to representing clients in tax controversy matters, he advises clients on U.S. international tax matters, including tax planning with respect to their structures and transactions. In particular, Mr. Diosdi has experience advising on issues relating to tax treaties, pre-immigration planning for foreigners moving to the U.S., expatriation planning, tax planning for foreign companies doing business in the U.S., and subpart F income minimization. More recently, he has focused on helping clients navigate U.S. tax reform, including the regimes for Global Intangible Low-Taxed Income and Foreign-Derived Intangible Income, and the new limitations on foreign tax credits.

Mr. Gastélum is a partner at MEG International Counsel, PC, and until recently, the principal of an independent Registered Investment Adviser (RIA), exclusively dedicated to international estate, business, and financial planning. He is a law graduate of the Universidad de Monterrey, in Monterrey, Nuevo Leon, Mexico. Mr. Gastélum obtained his master's degree in Comparative Law and Business Planning from the University of San Diego School of Law, as well as his Chartered Life Underwriter designation from the American College of Financial Services.
Description
Foreign investors must consider special U.S. estate tax rules applicable to nonresident aliens to minimize potential adverse tax implications stemming from their investments in U.S. real estate and businesses. Estate planners and advisers must understand complex U.S. estate and gift tax rules impacting foreign investors and implement effective planning techniques.
Under U.S. law, transfers by gift, bequest, or inheritance are subject to an estate tax. For those classified as nonresident aliens, property situated in the U.S. at their time of death is also subject to the estate tax. Estate planners and tax advisers must identify tax opportunities and risks for these clients, implement strategies to mitigate estate tax exposure, and anticipate other estate planning issues that arise when non-U.S. citizens invest in U.S. real estate and businesses.
Listen as our panel of estate planning attorneys experienced in international issues discusses the tax rules and treaty provisions impacting estate planning associated with nonresident investors and strategies to minimize gift and estate tax taxation of real estate and business interests.
Outline
- U.S. estate tax rules
- Planning opportunities for foreign investors
- Best practices for estate planners and tax advisers
Benefits
The panel will review these and other key issues:
- What are the various tax consequences of a foreign person owning U.S. real estate or business interests?
- What estate and gift transfer tax rules apply to those classified as nonresident aliens who invest in U.S. real estate and businesses?
- What planning options are available under U.S. estate tax treaties?
- What are the residence and domicile challenges for estate tax treaty purposes?
NASBA Details
Learning Objectives
After completing this course, you will be able to:
- Identify various tax consequences of a foreign person owning U.S. real estate or business interests
- Understand estate and gift transfer tax rules for those classified as nonresident aliens who invest in U.S. real estate and businesses
- Recognize the estate and tax planning options available to foreign investors under U.S. estate tax treaties
- Field of Study: Taxes
- Level of Knowledge: Intermediate
- Advance Preparation: None
- Teaching Method: Seminar/Lecture
- Delivery Method: Group-Internet (via computer)
- Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
- Prerequisite: Three years+ business or public firm experience at mid-level within the organization, preparing complex tax forms and schedules, supervising other preparers/accountants. Working knowledge and understanding of partnership and/or corporate structure; international taxation; tax credits, sourcing rules; foundational knowledge of basis calculations and capital gains tax.

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 Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.

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