Publications
Foreign Investment in U.S. Real Estate
“Foreign Incorporations of U.S. Real Estate: No You Can’t; Yes You Can” 49 Bloomberg Tax Management International Journal No. 1 (January 10, 2020)
Tax questions are often simple. Answers, rarely so. In this case the simple question is “Can I transfer my real estate in the United States to a foreign corporation without U.S. taxation of the unrealized gain?”
“Impulse Buying in the Wake of Tax Reform: Reconsidering Structures for Foreign Ownership of U.S. Real Estate” 47 Bloomberg BNA Tax Management International Journal 475 (July 13, 2018)
Whatever the reason – stable government, attractive pricing relative to foreign markets, or simple convenience – individuals who are neither citizens nor residents of the United States (that is, non-resident aliens (“NRAs”)) continue to buy U.S. properties for personal purposes. Without proper structuring, ownership of U.S. property by an NRA leads to undesirable income and estate tax consequences.