When moving to another country or opening a business in an unfamiliar territory, most people are faced with a huge number of pitfalls and nuances that must be taken into account in advance and protect themselves from unnecessary financial losses and disorders.
Competent development of your business and smooth adaptation in the United States are possible if you cooperate with a team of multidisciplinary specialists, because to conduct business at the international level, you need professional legal support.
In addition, there are often questions concerning not only business processes, but also everyday life, when you risk missing important points and incorrectly planning, for example, the transfer of assets from one country to another, which can lead to significant losses.
With extensive experience in immigration law, business development and cost optimization, we provide our clients with the following services:
A wide range of legal services when registering a new company in the United States
New investors to work in the United States often need to open a business in one of the legal forms used in the United States. This can be difficult if the investor is not fully familiar with the specifics of business registration and all the procedures that accompany this process.
Experienced specialists of the AmLaw Group company will quickly and successfully register a new company for you in the desired organizational and legal form, get a personal tax number for your new business, and check the correctness and timeliness of entering all the necessary information in the state register.
Support of the client when opening accounts in American banks (Bank of America, City Bank, Wells Fargo, etc.)
Opening a bank account for your new business can be delayed if you do not know all the nuances of the American banking system. Banks often impose documentation requirements that foreign clients are not fully familiar with.
Qualified lawyers of AmLaw Group will prepare all the necessary documentation for a quick and successful passage of the process of opening an account with a US bank, if necessary, on the basis of your power of attorney, will represent your interests in interaction with banking institutions, and in the shortest possible time will ensure the possibility of using a bank account for your new business in the USA.
Comprehensive support of transactions and drafting of international agreements
International transactions and the intricacies of private commercial law have always been one of the most complex and confusing aspects of conducting cross-border business. Attempts to independently understand and conclude an international transaction without consulting and accompanying a lawyer can result in huge losses for one of the parties.
Experienced lawyers of AmLaw Group will competently structure the transaction, prepare an international agreement that meets all the requirements of international law and guarantees the protection of your interests when fulfilling the terms of the transaction. We will be able to achieve the most favorable conditions for you, which will help you to get the maximum benefit from an international transaction.
Search and prepare options for buying a ready-made business in the United States based on a detailed analysis of the legal and economic side of the transaction.
Among the huge variety of business opportunities, it's easy to get lost and spend money on buying a not-too-profitable or overrated company that won't meet the criteria of the US Immigration Service.
If you do not know which business is more profitable to open, or are not ready to develop your own business from scratch, reliable lawyers of AmLaw Group together with a partner real estate company will find and offer you examples of the most profitable, sustainable and fast-growing business that will meet the criteria of the US Immigration Service for obtaining a business visa. A comprehensive analysis of the components of the future transaction will avoid unpleasant surprises and protect you from buying a "pig in a poke" in the form of a loss-making or unreliable business that does not correspond to your aspirations and interests.
Taxation of real estate in the United States
In addition to the property tax levied by the county or municipality where the property is located, there are two other types of tax: income tax (if the property is sold at a profit) and gift or inheritance tax (if the property is transferred to another person – for example, a spouse or children – during life or after death).
For non-US residents, the gift or inheritance tax can be extremely high, starting at 18% and going up to 40%, depending on the value of the property at the time of its transfer. Despite this, it is possible to avoid taxation or optimize it in general. There are several main ways or structures for purchasing real estate:
1. Direct ownership: the owner purchases the property in his personal name.
a. Key benefits:
1.1 reduced income tax rates on the sale of an object;
1.1.2 unlimited control and the ability to dispose of.
b. Main disadvantages:
1.2 the highest possible gift or inheritance tax;
1.2.1 lack of protection from creditors ' claims;
1.2.2 lack of confidentiality.
Often, this option is suitable for those who plan to move to the United States or own real estate for a long time.
2. Ownership through a company registered in the United States
a. Key Benefits:
2.1 reduced income tax rates on the sale of an object;
2.1.2 unlimited control and the ability to dispose of;
2.1.3 No tax on the donation of company shares;
2.1.4 Protection from creditors;
2.1.5 the ability to structure with the presence of confidentiality.
b. Main disadvantages:
2.2 The highest possible inheritance tax.
This option is suitable for those who plan to move to the United States or plan to transfer real estate to other persons (for example, children) in the near future
3. Ownership through a company registered outside the United States
a. Main advantages
3.1 unlimited control and the ability to dispose of;
3.1.2 no tax in the United States when donating or inheriting company shares;
3.1.3 protection from creditors;
3.1.4 the ability to compete with the availability of confidentiality.
b. Main disadvantages
3.2 additional costs for the registration and maintenance of companies;
3.2.2 unfavorable sales tax rates.
If moving to the United States for permanent residence is not planned, then for individuals who want to maintain control, but want to avoid taxation when transferring real estate to their loved ones, this may be an ideal option.
4. Purchase of real estate through a trust (trust management fund)
a. Main advantages:
4.1 no tax on the donation or inheritance of property held in a trust;
4.1.2 protection from creditors;
4.1.3 the ability to structure with maximum confidentiality;
4.1.4 the ability to give a number of instructions to the Trustee (Trustee) on how to manage or use real estate that may be under the control of the Trust at the same time as other assets;
4.1.5 the ability to give instructions on attracting new users of the property (for example, children born after the creation of a Trust and the purchase of real estate) automatically or under certain conditions.
b. Main disadvantages:
4.2. restricted control or access to the object;
4.2.2 the high cost of creating and maintaining a structure in certain cases.
This option is the main one for wealthy individuals who are planning to move to the United States. Due to the high taxes in the United States, many wealthy people are looking for ways to optimize their taxes before moving to the United States in order to minimize taxes (pre-immigration planning). A trust is often created as part of pre-immigration planning, as the trust allows you to flexibly manage the property over a long period of time, while often completely avoiding certain types of taxes or allowing you to use preferential rates.
In order to determine which option is best for you in each case, it is necessary to consult with a qualified lawyer with experience in the international field before purchasing the property.
AmLaw Group provides a wide range of legal services in the United States, thereby protecting its clients from the need to find consultants or lawyers specializing in immigration law and other types of legal services.
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