Foreign Investor (family) guidance

Foreign Investor (family) guidance

Justine M.Pro Member
Tustin, CA · Member since 2013 · 12 posts · 0 votes

I've been reading all the input from people on a few different threads about foreign investors and still am kinda murky on the issue. Obviously I need to consult a CPA and Lawyer, but currently I am trying to minimize all costs until that time comes given my financial situation. I was hoping someone here has some direct experience/input on my situation.

I live out here in CA and want to buy an investment property, but don't have the cash myself. I just got married to my wife, who is a diplomat and not a citizen of the US. The citizenship process takes 5 years so bare in mind that I am the only citizen. My wife's dad who lives in Israel wants to invest here, but I am stuck at step one in how to make this work. Is the LLC idea people have thrown out where he lends money to the entity make the most sense? I'm guessing he can't just give my wife the money and she buys something here since she is not a citizen. Would it be better if he gave me the money and I bought it under my own name? Trust is not an issue here at all. I just want to minimize the tax burden that would be paid by us (me and my wife) and him. I.E. in the US I think the maximum gift allowed tax-free per year is roughly $12k and anything over that I would be taxed on, which is why I'm thinking that gifting me the money isn't the best way to do this.

Thanks in advance for any input.

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  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    13y

    Are you trying to buy commercial or residential?? What price point?? How much money are they going to invest in the U.S. ??

    You have different exposure levels based on what you are trying to do.

  • Justine M.Pro Member
    OP
    Tustin, CA · Member since 2013 · 12 posts · 0 votes
    13y

    Trying to buy residential homes in the $100k-$300k range out here in the west coast. Ideal, we are looking on holding, but if a flip opportunity presents itself we definitely wouldn't look past it.

  • Investor · Singapore · Member since 2013 · 1k+ posts · 3k+ votes
    12y

    Gift tax is owed by the giver not the recipient. So your Father in Law can give you as much money as he likes. Unless he is a US citizen or resident, he owes no taxes. However, mortgage companies may look at a large transfer like that suspiciously and you may have to season the funds for a couple of months.

  • Investor · Stockton, CA · Member since 2014 · 167 posts · 49 votes
    12y
    Originally posted by @Account Closed:
    Gift tax is owed by the giver not the recipient. So your Father in Law can give you as much money as he likes. Unless he is a US citizen or resident, he owes no taxes. However, mortgage companies may look at a large transfer like that suspiciously and you may have to season the funds for a couple of months.

    True, if your father in law has the money in bank and is all after taxes he should have no problem sending a large wire to you or the wife as a gift. Now this is your money and you can buy the property, even she can but again like Anish Tolia said don't expect banks to look at your down payment as the same way they would look at if you saved say in 3 years to put 20% down.

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