Taxation of Foreign Investment in the US and IRS Form 5472

Taxation of Foreign Investment in the US and IRS Form 5472

Don't let the complicated US tax code stop you from investing in the US. The IRS is something to be concerned about, but it can be managed. The Recently passed Tax Reform Bill with a 21% corporate "C" tax rate and Qualified Business Deduction for pass-though taxpayers is generating considerable interest from non-US persons who are looking on a sure investment in the US. https://ift.tt/2rc9Z8T But numerous tax trap exists for those unfamiliar and somewhat familiar with the US tax code, the most complicated in the world. The decision to have income treated a FDAP (Fixed, Determinable, Annual or Periodic income. FDAP income applies to foreign persons earning income in the U.S; such persons will be subject to 30% withholding tax, or a lower rate if there is a tax treaty between the United States and the country of residency) or effectively connected is just one decision that needs to be made with care. Additionally, exercising due diligence to make sure that if an IRS Form 5472 is required that due to 25% foreign ownership of a corporation, or new in 2017, a domestic US LLC, with related party transaction is key. As the penalties for not filing a proper form 5472 are now increased to $25,000 from $10,000. The penalties can be assessed for multiple years. The IRS is on the look out for improper Form 5472 or missing Form 5472 and audits abound. Many corporations with 5472 requirement are choosing to entire into a voluntary disclosure program to eliminate or reduce outstanding Forms 5472. If you are looking for a US advisor to helpp you with your US investments, contact the international tax firm of Parent & Parent LLP. Our tax firm of attorneys, Certified Public Accountants and Enrolled Agent have one goal in mind -- to make the impact of the US taxing regime as least-punitive as possible. International Tax Planning can help you avoid some of the big problems that will absolutely cripple some foreign investors in the US. There are things you must do to eliminate the little-known US estate tax on foreign persons. There are complex attribution rules that can wipe out years of profits. Parent & Parent LLP 60 EAST 42ND STREET, SUITE 4600 New York, NY 10165 (212) 256-1335 https://youtu.be/knZ255s4Veo IRS Medic