EB5 INVESTORS M AGAZINE
46
The strategies that apply
to each individualvary on
the particular circumstances,
laws and regulations of a
home country and
any U.S. tax treaties
with that country.
”
financial records exceeded $10,000 at any time during
the calendar year reported. Parties required to file
this form include U.S. citizens; U.S. residents; entities,
including corporations, partnerships, or limited liability
companies, created or organized in the United States or
under the laws of the United States; as well as trusts or
estates formed under the laws of the United States.
Another required form is 8938, which is the Statement
of Specified Foreign Financial Assets. This is used to
report specified foreign financial assets if the total
value of all the specified foreign financial assets is
more than the appropriate reporting threshold.
Fo r m 5 47 1 i s a l s o m a n d a t o r y – w h i c h i s t h e
Information Return of U.S. Persons with Respect
to Certain Foreign Corporations – and it applies if
the investor owns a controlled foreign corporation
(CFC), is an officer or director of the company and
owns 10 percent or more of the total value of the
stock, or owns 10 percent or more of the full voting
power of the capital.
Another form is 3520, which is the Annual Return to
Report Transactions with Foreign Trusts and Receipt
of Certain Foreign Gifts. This is used to report a foreign
gift received more than $100,000 from a foreign
individual or estate.