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The US Foreign Investment in Real Property Tax Act: A Practical Guide


ISBN13: 9789041184641
Published: October 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £153.00



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The U.S. Foreign Investment in Real Property Tax Act illustrates the impact of the new Act, U.S. Foreign Investment in Real Property Tax Act (FIRPTA), with practical examples.

U.S. real estate is enormously attractive to many foreign investors, who are thus ushered into the ambit of the complex FIRPTA. A full understanding of the associated tax implications on the part of these investors is essential if they were to implement the correct structure to maximize their returns, avoid unnecessary withholding, and comply with applicable requirements.

This book, the first practical guide to FIRPTA, clearly articulates the operation and transactional implications of FIRPTA, sets forth real-life situations, and points out potential traps, all in a readily comprehensible format.

 

What’s in this book:

Among the tax issues and consequences that directly or indirectly affect foreign investors in U.S. real property interests, the author highlights the following and more:

  • the real estate investment trust (REIT);
  • withholding taxes that are jointly and severally liable for buyers and sellers;
  • treatment of rental, interest, and dividend income;
  • effect of the branch profits tax;
  • tax treaty benefits;
  • exemptions to FIRPTA;
  • special rules applicable to foreign investors;
  • tax reporting standards and potential penalties for noncompliance; and
  • state and local tax issues relating to U.S. real estate investments.
How this will help you:

This book serves as a handbook for practitioners to gain an understanding of the FIRPTA law, as a whole, its recent changes, and its interaction with various other legal regimes such as the REIT and publicly traded partnership.

Providing a straightforward and accessible guide for navigating the tax issues that confront foreign investors in U.S. real estate, this resource proves invaluable in identifying and formulating the correct strategies for investors and their advisors with respect to investments in the U.S. real estate market. It is sure to benefit all interested parties, academics, and legal counsellors for years to come.

Subjects:
Other Jurisdictions , Taxation, USA
Contents:
Foreword
About the Author
Author’s Note
Chapter 1
The Genesis of FIRPTA and Related Background
Chapter 2
Structuring Foreign Investments in the United States
Chapter 3
Definition of a US Real Property Interest
Chapter 4
Definition of a US Real Property Holding Company
Chapter 5
Using REITs to Invest in the US
Chapter 6
Exceptions to FIRPTA
Chapter 7
FIRPTA Nonrecognition Rules
Chapter 8
FIRPTA Withholding
Chapter 9
Impact of US Income Tax Treaties
Chapter 10
Entity Classifications and Interest Deductions
Chapter 11
Tax Administration, Penalties, and Interest
Chapter 12
State and Local Tax Considerations
Chapter 13
Income and Transfer Tax Issues Applicable to Foreign Individual Investors
Index