About Moving to the US and Investing in the U.S.
lf you are considering moving to the US or a purchase of
property in the US., there are a host of legal and tax issues
to consider. The US system varies considerably from the system
you are currently living under. Among the factors you should
be aware of are:
- Visa issues - this is particularly important in the US.
Without an appropriate visa, little is possible in terms
of living or working in the US.
- If you are looking to create a US business, the visa
issue is particularly important.
- You should understand the US income tax system as it
affects you. There may be some planning steps you can take
before the move.
- You should understand the US estate tax rules as they
affect you. There may be some planning steps you can take
before the move.
- If your aim is to own real estate in the US, without
actually moving to the US, you should know what tax and
estate rules affect you and what tax elections may be available.
- If you own American portfolio assets (stocks and securities)
or are planning to enter the US. market, you should know
how the US income tax and estate rules affect that form
of investment, and what planning steps should be taken to
avoid eventual US estate tax.
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Visa Issues
- We identify the potential visas available to you.
- We assist in the processing of business and investment
visas (E-1/E-2).
- We direct you to competent counsel for other visas.
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Tax planning before the move
- We compare the income tax systems in France and the U.S.
so you have a clearer understanding of differences that may
be significant for you.
- We explore possible tax-saving steps to take before becoming
a U.S. resident.
- We compare the estate ("succession") and gift
tax systems in France and the U.S. so you have a clearer
understanding of differences that may be significant for
you.
- We analyze your current estate plan in order to determine
its validity under U.S. tax and inheritance laws.
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U.S. income tax and estate tax rules
- We explain tax residency rules - when you become a resident
for tax purposes.
- We explain the U.S. income taxes and estate taxes that
affect U.S. tax residents.
- We explain your annual income tax filing obligation.
- We explore tax-saving steps that may be used, such as trusts.
- We direct you to competent U.S. lawyers and accountants,
as needed.
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Creating a business in the U.S.
- We help you decide the legal structure for your U.S. business.
- We contact local lawyers and accountants in the U.S. to
assist us in solving problems that may arise, such as zoning,
labor, and other business-related problems.
- We advise on contractual issues.
- We create the U.S. corporation or other entity for you.
- We negotiate contracts and assist you in other ways that
are preparatory to creating your U.S. business.
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Buying a Business in the U.S.
- We explain the U.S. tax ramifications of buying a business
in the U.S.
- We advise on contractual issues.
- We help you retain appropriate local counsel as and when
that becomes necessary.
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Non-Resident Ownership Of U.S. Real Estate
- If you are planning a move to the US and want to own US
real estate, we will help you understand the tax consequences
of ownership.
- We help you negotiate a purchase.
- We help you set up holding entities, such as a corporation
or trust, for U.S. real estate.
- We advise on the income tax and estate and gift tax implications
of real estate ownership in the U.S.
- If you are not planning a move to the U.S., but wish to
own U.S. real estate, you should be aware of the tax rules
that apply to that holding, and on how to structure the holding
to minimize the U.S. income and estate tax implications.
- If you plan to rent your U.S. real estate, we help you
make appropriate tax elections and help you file the appropriate
tax returns to Federal and State tax authorities during periods
of rental.
- We help you meet your U.S. capital gains obligation when
you sell U.S. real estate.
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Non-Resident Ownership of U.S. Portfolio
- We explain how eventual U.S. estate and gift tax may be
avoided with respect to U.S. portfolio investments.
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