REI Business with foreign partner - too much info to dissect

REI Business with foreign partner - too much info to dissect

Rental Property Investor · Pittsburgh · Member since 2018 · 69 posts · 28 votes

My inlaws have taken interest in our real estate investing and would like to invest for both of our benefits. They're not from a country with a tax treaty with the U.S. So we either take the 30% flat tax or treat the investment(s) as a business. We plan to go the business route since after property taxes and expenses and the current market 30% takes a huge chunk out of the potential ROI.

Whether we purchase a single commercial multifamily unit or a couple of smaller multifamilies and short-term and/or mixed-use, can these all be under a single business entity such as a C-Corp or LLC? Is this even possible?

They will not participate in renovations or any property management (that's where we come in) but, they are looking to make a decent return on their money. Ultimately the business and the assets within it will be left to us down the road, so we will get paid to build and maintain it and have a ton of equity waiting in the (hopefully) distant future.

If you are someone familiar with this area I am very open to paying for a consultation to brainstorm potential structures and setups.

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  • Accountant · Pittsburgh, PA · Member since 2021 · 66 posts · 30 votes
    5y

    @Jimmy Suszynski This is a very specialized subject. There will be a lot of complexities including regarding estate taxes as well as income tax. Paying for a good firm that specializes in international tax should be considered although the cost is not cheap. Looks like your in Pittsburgh so I could recommend a local Big 4 firm. PM me if interested.

    Christian Stoecklein

  • Accountant · Atlanta, GA · Member since 2015 · 1k+ posts · 1k+ votes
    5y

    There is a lot to consider.  Entity structuring (from both a legal and tax perspective), compliance obligations as it relates to the US and the foreign country, US and foreign estate tax exposure.  You're wise to seek out professional help.  It isn't an area that should be DIYed.

    There are a few tax advisors on this subforum who have made a niche out of it.  My advice is to read historical posts (using the search bar), jot down a few names, and reach out.

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    5y

    At a minimum, you'll need to setup an LLC in the state the properties are in, get an ITIN for the owners/partners of the LLC, get an EIN for the LLC and setup a USA bank account for the LLC.

    This should all be done by an experienced CPA and/or tax attorney.

  • Rental Property Investor · Pittsburgh · Member since 2018 · 69 posts · 28 votes
    5y

    @Eamonn McElroy I definitely wasn’t considering DIY’ing any of this lol just wanted to start the conversation in the right location to figure out who to contact first.

    I use a CPA for my current dealings and consulted an attorney when I set everything up but neither is equipped for something like this.

  • Rental Property Investor · Pittsburgh · Member since 2018 · 69 posts · 28 votes
    5y

    @Christian Stoecklein sent!

  • Rental Property Investor · North Palm Beach, FL · Member since 2018 · 2k+ posts · 1k+ votes
    5y

    @Jimmy Suszynski

    We have a number of partners who are foreign investors. Feel free to reach out if you need any referrals for attorneys, accountants, lenders etc. that work with foreign investors.

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