Originally posted by @Anna Belov:
@Brianne H. I'm in Canada as well. I looked briefly into investing in the US in multi-family properties. My understanding is that you'll need to prepare and set up appropriate entity structure to be able to avoid serious tax costs. On multi-unit side, I was planning to participate as one of equity investors. When I started looking at how to set up entities, I learned that it's doable and can be fairly in-expensive, but it would be better to find someone who knows where to start. When I emailed a couple of law firms about this, I got responses like this one:
Please let me know if you’d like us to send you an engagement letter.
We’d be happy to help if properly retained. Our rates vary between $350 and $1100 per hour and we require a $5000 retainer.
There is no simple way for a CDN resident to invest into a US LLC. This is an extremely complex and evolving area of the law.
Hey Anna,
You need to be careful here, you are asking for advice on international tax to a law firm.
My experience when it comes to professional (legal/accounting) service is that the more you know about what you need, the more be able to (1) vet the professional and (2) ensure his prices are reasonable.
When you don't know what you want and lawyer are not sure, they go for a expensive retainer.
For entity formation, in addition to the registration cost which is constant, A paralegal will take you $39 and do the work very well, a book written by good lawyers and explaining LLC will cost you $30, a full service lawyer will charge $200 to $400 to set you up.
But these are standard services to residents. Services for non resident are at a different cost level.
I had the same problem as you but from Hong Kong where withholding is 30%.
Given Canadian tax treaty with US, it seems to me that any Corp or Limited Partnership distribution to its foreign members resident in Canada will be 15%. If you buy a share of syndication, this 15% flat rate is probably how you will get taxed, withheld at source once you give a W8BEN to that entity manager. That's the option with 0 setup and ongoing cost, no filing in US.
If you create your own LLC or Partnership, you can elect to declare that income as effectively connected to US activity and file a US tax return for it. So there might be benefits with this approach, but it has a continuing legal and accounting operating cost.
I am not a professional, but can point you to some resources if you PM me, that should help you clue up before you ask a professional.