EB5 Investors Magazine Volume 6, Issue 1 | Page 69

require you to contact the other shareholders and, many times, this may present a privacy issue, as you may not want everyone to know that you are planning to move to the United States. In addition, you may have limitations on the transferability of your ownership interests under the laws of your particular home jurisdiction, especially transfers to an offshore trust. In some cases, your home jurisdiction may even try to impose an exit tax on transfers to an offshore trust. That is why your corporate due diligence is of critical importance. NOT KNOWING YOUR OFFSHORE TRUSTEE Oftentimes, little consideration is given to the important question of who becomes the trustee of the offshore trust. In many cases, a professional corporate trustee will have to be appointed, and this often raises concerns. You will probably be thinking, “Who are these people?” “Can I truly trust them with all of my assets?” “What if they take all that I have worked for all my life and disappear into the sunset?” Do your own due diligence on the trust company, their reputation and operations. Do not take anyone’s recommendation at face value. The decision of who to appoint as your offshore trustee is as important as choosing which bank to use. The critical difference is that if you don’t like your bank or banker, for any reason, you can simply close the account and take your hard-earned money elsewhere. It’s not so easy with the trustee of your irrevocable offshore trust. For this reason, you need to be very clear on what power(s) you have under the terms of offshore trust to terminate the existing trustee and appoint another trustee. Equally important is the need to understand which fees will be charged, not only for accepting the trust (the acceptance fee) and the annual ongoing fees (annual fees), but also the fees involved in case you decide to terminate the trustee relationship (the termination fee). There are many qualified trust companies out there. Make sure you find the one that best fits your needs and it is actually experienced and familiar with the appropriate type of pre-immigration offshore trust structures and related U.S. compliance requirements. NOT CHOOSING THE PROPER JURISDICTION Not all offshore jurisdictions are the same. Some offshore jurisdictions are not suitable for this special type of pre- immigration offshore trusts. Some may not have the infrastructure you have come to expect in these days of complete comfort and connectivity. EB5INVESTORS.COM 68