Accommodating Non-U.S. Investors: Structuring Real Estate and Other Fund Investments to Minimize U.S. Tax Impacts

(296 Ratings)

Produced on: September 15, 2016

Course Format On Demand Audio

Taught by

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Course Description

Time 90 minutes
Difficulty Intermediate

Non-U.S. investors present a significant source of capital for hedge funds and private equity funds. These investors are primarily concerned with avoiding U.S. tax filing obligations and paying U.S. tax on “effectively connected income” which can result from a non-U.S. investor’s investment in U.S. real estate, certain U.S. loans and U.S. operating companies. In this course, Tannenbaum Helpern tax attorneys Michele Itri and David Schulder along with RSM US LLP's International Tax Principal Mark Strimber discuss certain blocker structures and other techniques that can be used to accommodate these concerns and minimize the U.S. tax drain on investment returns of non-U.S. investors.


Learning Objectives:

  1. Understand framework for U.S. taxation of foreign investment in the U.S.
  2. Gain insight into the U.S. tax issues raised by foreign investment in U.S. loan originations, U.S. operating companies and U.S. real estate
  3. Explore various structures that can be used to reduce the effective U.S. tax rate applicable to foreign investments
  4. Identify how debt can be used to capitalize U.S. blocker corporations to reduce US corporate level tax and impact of recent proposed regulations

Faculty

David Schulder

Tannenbaum Helpern Syracuse & Hirschtritt LLP

David Schulder works closely with clients to structure transactions to achieve the most favorable tax results. His practice encompasses all aspects of federal, state, local and international taxation, with an emphasis on onshore and offshore investment funds, venture capital transactions, corporate acquisitions, financial instruments and real estate acquisitions and dispositions.

Publications:

"Disposing of Real Property", Tax Aspects of Real Property, New York State Bar Association, 1981. 

"Tax Reform Act of 1986: Limitations on Losses from Passive Activities, Nonbusiness Interest Deductions, and Miscellaneous Itemized Deductions", Planning for Individual Taxpayers After the Tax Reform Act of 1986, Practicing Law Institute, 1986.

"Tax Reform Act of 1986 - Limitations on Deductibility of Non-Business Interest", The New Tax Law and Real Estates Transactions, Real Estate Institute of New York University, 1986. 

"Section 1031 to the Rescue?", New York Law Journal, April 11, 2005.

Michele Gibbs Itri

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Michele Gibbs Itri works closely with clients to structure transactions to achieve that most favorable tax results.  Her practice encompasses all aspects of federal, state, local and international taxation, with an emphasis on onshore and offshore investment funds, venture capital transactions, corporate acquisitions, financial instruments and real estate acquisitions and dispositions.

Financial Services Matters: Michele assists clients in the structuring of onshore and offshore investment funds (such as general equity funds, fund of funds, distressed debt funds, arbitrage funds and global macro funds).

Corporate Matters: Michele assists clients in the structuring and organization of private partnerships and limited liability companies (primarily investment management and real estate management companies and start-ups). 

Publications:

"Section 1031 to the Rescue?", New York Law Journal, April 11, 2005.

Mark Strimber

RSM US LLP

Mark Strimber is a principal who joined RSM from a Big Four firm’s international tax practice. Based in New York, Mark advises multinational corporations on the U.S. tax implications of their cross-border operations and reorganizations and is responsible for researching complex international and domestic tax issues for inbound and outbound transactions. Mark has assisted in planning tax-efficient structures for international transactions, tax due diligence and M&A transactions and reading and applying tax treaty provisions.

He is an adjunct associate professor at Baruch College teaching international tax in the MST program.


Reviews

AS
Allan S.

Well prepared presenters.

SA
Salim A.

I would like more courses from these individuals

RB
Reid B.

I'll be back.

CM
Christopher M.

Enjoyed the 3 different presenters rather than just one view

RG
Ruth G.

Good coverage of a complicated subject.

CC
Charles C.

Interesting and informative.....

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$ 89 Tax Law and International Law In Stock

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