Important factors to consider in residence planning
The United States of America ordinarily places no restrictions on foreign nationals concerning the ownership, purchase, or transfer of real estate, except where national security is at stake. A foreign national's right to own, purchase, or transfer real estate may be limited, however, by various federal and state statutes that restrict their ability to acquire or dispose of certain real estate or to make testamentary dispositions to nationals from countries that prohibit similar dispositions to USA citizens. Also, there are numerous reporting requirements for foreign investors and for sellers of real estate to foreigners. The reporting requirements incorporate look-through mechanisms, which make it relatively difficult to set up tiers of domestic and foreign entities in order to make the ultimate ownership of real estate by foreign persons more private. Furthermore, failures to report may be punished with severe penalties, ranging from up to 25% of the fair market value of the real estate even to imprisonment.
The acquisition of real estate abroad requires careful and professional planning. Every day, individual clients and other law and consulting firms worldwide rely on Henley & Partners for specialized advice in this area. No matter how complex your needs are, Henley & Partners will be able to advise and assist you. Contact us today for individual consulting and comprehensive yet cost-effective solutions regarding the acquisition and holding of real estate in the USA.