Practice Areas | Real Estate

Foreign Investors & Cross-Border Transactions

We represent foreign investors in the acquisition, financing, and disposition of their real estate assets. Our experience enables us to effectively guide them through real estate investment opportunities. With an awareness of potential pitfalls and unwanted ramifications in the areas of the investor’s tax liability, personal liability, and estate planning, we carefully craft and steer transactions while considering these concerns. The professional relationships we have fostered through the years with certified public accountants, financial planners, and the like in the United States and overseas, enable us to not only manage our clients’ expectations, but also diligently prepare them for the process.

Foreign Member Entities & Individuals
Not only do we represent our own foreign clients with their real estate investments, but our knowledge of the issues surrounding such transactions result in opportunities wherein we serve as consultants to clients of other attorneys and professionals in this area. Our solutions are practical and our guidance is effective. Whether the transaction necessitates guidance in obtaining an Individual Taxpayer Identification Number (ITIN) or the application of our robust knowledge in corporate structuring for a foreign member business association, we fully explain the reasons for our approach.

Withholding Concerns
Our expertise is commonly sought by foreign investors seeking to purchase and sell real estate within the United States and subject to the withholding requirements set forth under § 1445 of the Internal Revenue Code (Foreign Investment in Real Property Tax Act (FIRPTA)). These clients are subject to special state and federal withholding requirements which trigger the requirements of the IRC. Working with the clients and their tax advisors, we are very often successful in minimizing such withholdings and streamlining communications with the IRS.