EB5 Investors Magazine Volume 3 Issue 3 | Page 16

Pre-Immigration TAX PLANNING by Jacob Stein The recent decade has seen a significant inflow of wealthy EB-5 immigrants to the United States. The move to the United States exposes these immigrants to the U.S. tax system, which taxes them on worldwide income and imposes an estate tax on their worldwide assets. With proper planning U.S. income and estate taxation of wealthy immigrants can be significantly minimized. Overview of U.S. Taxation There are three ways a country can define its tax borders: citizen-based, residence-based and territorial. A citizen-based tax system taxes all income earned by a citizen, regardless of where the citizen lives or where the income is earned. The residencebased model taxes worldwide income of those individuals who are resident in the country. The territorial system taxes only the income earned within that country. The United States uses both the citizen-based tax system and 14 the residence-based tax system. U.S. citizens and U.S. income tax residents are subject to U.S. taxation on their worldwide income (net of deductions) as well as reporting requirements on certain foreign financial assets. Conversely, nonresident aliens (non-U.S. citizens and non-U.S. tax residents, “NRAs”) are subject to U.S. income tax only on their investment income from U.S. sources and income from a U.S. trade or business. Similarly, the United States imposes an estate tax on the worldwide holdings of its citizens and tax residents. EB5 INVESTORS MAGAZINE