BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Tax Law

Date & Time
  • event Date

    Friday, April 5, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • BARBRI is a NASBA CPE sponsor and this 110-minute webinar is accredited for 2.0 CPE credits.

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

$347.00
CLE
CPE
ALL

This CLE/CPE webinar will provide tax counsel with a comprehensive guide to tax planning challenges and opportunities for clients who have or are seeking a tax presence in both the US and Latin America. The panel will discuss recent US-Chile tax treaty provisions that govern tax and fiduciary rules, strategies for minimizing the US tax impact of foreign-source ordinary and capital income before establishing tax residency in the US. The webinar will focus on US tax and other consequences for Latin American clients with or seeking a US tax presence and U.S. taxpayers with Latin America-based assets.

Faculty

Julian A. Fortuna
Partner
Greenspoon Marder

Mr. Fortuna is a partner in Greenspoon Marder’s Corporate & Business practice group. With over 30 years of legal experience, he concentrates his practice on domestic and international tax, business and estate planning, employee benefits, and executive compensation matters. Mr. Fortuna has substantial experience representing clients in the entertainment, higher education, clean energy, health care, hospitality, non-profit, manufacturing, retail, and real estate industries.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
James A. Guadiana
Partner
Greenspoon Marder

Mr. Guadiana is a partner in the Tax practice group at Greenspoon Marder LLP. He is an experienced practitioner in virtually all areas of taxation. Mr. Guadiana serves as an advisor to public and privately-held multinational companies and investment firms with regard to their operations and investments in the United States and has extensive experience as a tax advisor to a number of public corporations listed on the London, Hong Kong, and Toronto stock exchanges. He is respected domestically and internationally for his ability to identify and resolve unique and complex tax issues in domestic and cross-border investments in a number of different areas of tax law. Mr. Guadiana has also advised both investment management firms and foreign investors in structuring lending programs so as to avoid being treated as the conduct of a “trade or business,” thereby enabling the foreign investor to minimize or avoid U.S. taxation.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

The United States is seen as a tax haven for high net worth foreign individuals and with the recent approval of the U.S.-Chile tax treaty, significant planning opportunities are available to foreign investors and companies in Latin America seeking to establish a U.S. tax presence. Tax counsel and advisers must understand critical income and transfer tax planning strategies 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, preserving the financial wealth of immigrants from Latin America to the U.S. may depend on accelerating income and gains and deferring deductions/losses before establishing U.S. residency. This is a desirable strategy 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 on after-tax holdings.

Another critical aspect of pre-immigration planning is assisting clients with establishing U.S. residency and gaining immigration priority by applying for available visas. This requires 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, discusses the impact of the U.S.-Chile tax treaty, and offers 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. Tax rules that apply to foreign investors in U.S. real estate or businesses
  3. Investment structure alternatives and their tax consequences
  4. Pre-immigration planning goals
  5. Minimizing transfer tax impact

Benefits

The panel will review these and other key issues:

  • What are the crucial considerations in wealth preservation for a foreign individual becoming a U.S. resident for tax purposes?
  • What are the tax implications of purchasing U.S. assets individually vs. through an LLC vs. a blocker corporation or a trust?
  • What are the tax reporting obligations for non-U.S. owners of U.S. assets?
  • How does FIRPTA compliance vary between different ownership structures?
  • What are the crucial considerations in wealth preservation for a foreign individual becoming a U.S. resident for tax purposes?
  • How to avoid anti-deferral rules in pre-immigration transactions

NASBA Details

Learning Objectives

After completing this course, you will be able to:

  • Identify the critical tax issues involved in pre-immigration tax planning
  • Recognize when to accelerate income and gains
  • Determine how to design an asset transfer strategy to minimize U.S. taxation on preexisting foreign-based assets
  • Ascertain the steps to the investor visa program

  • 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 preparing complex tax forms and schedules, supervising other preparers or accountants. Specific knowledge and understanding of pass-through taxation, including taxation of partnerships, S corporations and sole proprietorships, qualified business income, net operating losses and loss limitations; familiarity with net operating loss carry-backs, carry-forwards and carried interests.

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.

IRS Approved Provider

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