Third Quarter 2021 U.S. Economic Outlook: Vaxed, Taxed, and Roaring Back

Third Quarter 2021 U.S. Economic Outlook: Vaxed, Taxed, and Roaring Back

Third Quarter 2021 U.S. Economic Outlook: Vaxed, Taxed, and Roaring Back

Jack Brister s p 500

Jack Brister

Founder, International Wealth Tax Advisors

Jack Brister, Founder of International Wealth Tax Advisors, is a noted international tax expert, with over 25 years of experience. Jack specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset protection structures.

Jack is a frequent featured speaker at numerous international financial conferences and has been named a Citywealth Top 100 U.S. Wealth Advisor.

Contact IWTA

To schedule an introductory phone conference with IWTA  founder Jack Brister simply click here. Email IWTA at bloginquiries@iwtas.com Or call the IWTA New York City office at 212-256-1142

Third Quarter 2021 U.S. Economic Outlook: Vaxed, Taxed, and Roaring Back

It’s been a year and a half since the onset of COVID-19, and there’s encouraging news for clients. The U.S. economy is bouncing back to life thanks in part to government aid and relatively high vaccination rates. The national economy grew at a seasonally adjusted, 6.5% annual rate in the second quarter, a sign that the nation has achieved a sustained recovery from the pandemic-induced recession. In fact, the economy has now surpassed its pre-pandemic levels.

Most importantly, profit margins are strong despite rising inflation and reports of higher costs which many economists view as short-term. Net profit margin for the S&P 500’s second quarter is expected to be 12.4%, according to a FactSet Research Systems’ senior earnings analyst.  If that turns out to be the actual net profit margin for the quarter, it will be the second-highest for the index since FactSet began tracking the metric in 2008, trailing only last quarter’s net profit margin of 12.8%.

The economy expanded at its fastest pace since last fall, but at a slower rate than the 8.5% growth rate that analysts had expected. That was mainly because supply chain bottlenecks and labor challenges exerted a stronger-than-predicted drag on many businesses as they sought to restock their shelves and hire staff. The drag on inventory rebuilding, in fact, was responsible for subtracting 1.1 percentage points from last quarter’s growth.

Corporate Earnings On-Track to Soar

In terms of corporate earnings, the S&P 500 is on track for its best quarterly earnings growth since 2009. So far S&P 500 companies have posted revenues well above end-of-quarter estimates; beating those estimates by a wider than average margin. Technology, energy, and industrials, posted some of the best performances. Analysts also expect double-digit earnings growth for the second half of 2021.

Those reporting robust second quarter earnings include American Express Co. (AXP.N), which posted second quarter net income of $2.3 billion, or $2.80 a share, up from $257 million, or $0.29 cents a share a year ago. Social media firm Twitter (TWTR.N) stunned Wall Street with earnings that blew past estimates, posting revenue growth of 74% over last year; the fastest since 2014.

All three major U.S. stock indices—the Dow Jones Industrial Average, S&P 500 and Nasdaq—rallied to record highs.  DJIA closed with a gain of 238.20 points or 0.68% at 35,061.50 to finish above 35,000 for the first time ever. The S&P 500 (.SPX) gained 44.31 points, or 1.01%, to 4,411.79. The Nasdaq Composite (.IXIC) added 152.39 points, or 1.04% to close at 14, 836.99. 

The economy is also receiving substantial support from the Federal Reserve. The Fed reaffirmed that it will keep its interest rates anchored near zero in the short term to encourage borrowing and spending. In a statement after its last policy meeting, it also reported that it will continue buying $120 million in government-backed bonds each month to keep longer-term borrowing rates low. However, given the magnitude of the economic rebound, the Fed signaled that rate hikes could begin in 2023.

Outlook is Rosy Despite Fears    

Although investors are concerned about the possible impact of the COVID-19 Delta variant on the global economy, the general expectation is that economic reopening will continue across major developed economies well into the second half of 2021.

Even with uncertainty about the path of the pandemic, the IMF  recently raised its projection for economic growth in 2021, the second time it has done so this year. The international organization expects the U.S. economy to expand 7% in 2021 and 4.9% in 2022, up from the 3.5% it projected a few months ago.

But the quickening growth—spurred by large spending packages proposed by President Joe Biden—have some analysts worried that inflation could rise too fast. Already, raw materials and parts, including semiconductors and copper, have spiked in price as demand has outstripped the ability of suppliers and shippers to keep pace.

As a result, some companies such as consumer products giant Procter & Gamble and Honeywell, maker of industrial and consumer goods, have said they plan to raise prices to offset rising costs. However Fed Chair Jerome Powell has said he expects such supply bottlenecks to lead to temporary price increases only, rather than a prolonged bout of accelerated inflation.

GILTI: Changes Ahead

President Biden has proposed to make substantial changes to the tax burden on foreign income through GILTI (global intangible low-taxed Income). The GILTI tax rate has been 21 percent, but the 2017 Tax Cuts and Jobs Act (TCJA) also allowed corporate taxpayers to deduct 50 percent of their GILTI income, which brought the effective tax rate down to 10.5 percent.

The Administration’s crackdown keeps the GILTI rate at 21% but eliminates the 50% deduction, meaning that multinational corporations would pay a higher minimum tax rate. This rate to be determined on a country-to-country basis, would eliminate the ability of corporations to offset losses incurred in one country against income earned in another. Under current law, income in a low-tax rate country can be blended with higher-taxed income and be either reduced or eliminated entirely. Once implemented, the changes will have significant ramifications for multinational corporate taxpayers in 2022, resulting in a higher effective tax rate on foreign income.  

Be Prepared for the New Tax Paradigm

With a global corporate tax policy on the near horizon, revisions to the TCJA and the Fed’s new policies on squashing well-established tax loopholes and challenging tax havens, international tax clients need to prepare now for the imminent changes ahead.

Mitigate your tax debt and build wealth with strategic moves and planning. Contact our office for a consultation with Jack Brister.

Get Ready for New Rules: The Biden Administration is Homing in on GILTI

Get Ready for New Rules: The Biden Administration is Homing in on GILTI

Get Ready for New Rules: The Biden Administration is Homing in on GILTI

Jack Brister s p 500

Jack Brister

Founder, International Wealth Tax Advisors

Jack Brister, Founder of International Wealth Tax Advisors, is a noted international tax expert, with over 25 years of experience. Jack specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset protection structures.

Jack is a frequent featured speaker at numerous international financial conferences and has been named a Citywealth Top 100 U.S. Wealth Advisor.

Contact IWTA

To schedule an introductory phone conference with IWTA  founder Jack Brister simply click here. Email IWTA at bloginquiries@iwtas.com Or call the IWTA New York City office at 212-256-1142

Get Ready for New Rules: The Biden Administration is Homing in on GILTI

The treatment of foreign trust distributions received by U.S. beneficiaries is an incredibly  complex area of U.S. tax law. Changes proposed to GILTI tax rules (Global Intangible Low-Taxed Income) by President Biden will come with new regulations and laws  that will undoubtedly result in thorny new issues for U.S. shareholders of CFCs (Controlled Foreign Corporations) and U.S. beneficiaries of foreign trusts. 

As many new clients have learned when they come to see us at the 11th hour of a cross-border tax problem, failure to comply with the tax rules can have dire – and very expensive – consequences.

The Current State of GILTI

The United States has adopted a series of laws designed to prevent U.S. taxpayers from enjoying the advantages of foreign trusts as U.S. income deferral mechanisms. The obvious application of these laws is to U.S.income taxpayers (citizens, green card holders and persons meeting the substantial presence test) attempting to transfer cash or income-producing assets to or from an offshore trust.

It is clear by the size of the penalties imposed on taxpayers who fail to file the information Forms 3520 and 3520-A, that the U.S. government is very intent on compliance with foreign trust reporting activities.

For example, the IRS views certain types of transfers as taxable income to the recipient, even if the intention was to make a gift. In those cases, transfers received by a U.S. beneficiary from a foreign trust/foreign corporation would generally be treated as taxable distributions. They would then be subject to the normal income tax rules that apply to distributions from foreign corporations or partnerships (depending on how the company is classified for U.S. tax purposes). 

Distributions of a foreign nongrantor trust received by a U.S. person, regardless of whether they are a named beneficiary or not, are taxable to the extent of their proportion of the trust’s distributable net income (taxable income) as computed under U.S. tax law. A U.S. person who received a distribution should also receive a foreign nongrantor trust beneficiary statement from the trustee to inform them of the distribution and the amount taxable. 

The complex nature of these foreign trust rules can have extremely severe financial impact. Noncompliance can trigger negligence penalties as well as interest charges on the accumulated tax owed to the IRS.

Note: Not sure what kind of a Foreign Trust you have or are beneficiary of? Read our Foreign Trust FAQ page, answer a few questions and our calculator will tell you what the entity is. https://iwtas.com/iwta-answers-faq-on-foreign-trust/

The Potential Bad News: A Heftier Tax Bill and Rules on a Country-by-Country Basis

The interest of the trust is attributed to the US beneficiaries under current law, which causes the beneficiaries to be subject to GILTI tax under the Controlled Foreign Corporation rules. The Biden tax proposal would double the effective tax rate to 21 percent by amending the 50 percent deduction provided by Section 250. The proposal would also remove the tax-free return on 10 percent of the CFC’s Qualified Business Assets Income (“QBAI”) and require that GILTI be calculated on a country-by-country basis. 

Clearly, if you are a U.S. beneficiary dealing directly or indirectly with a foreign trust, CFC or overseas retirement plan, be certain to deal only with professionals whose business it is to know the intricacies of cross-border tax rules; and with in-depth experience in the U.S. income taxation of foreign trusts. That, of course, is where we come in. Do not hesitate to call on us to book a consultation. It is our job to inform clients in the U.S. and abroad of potential changes to the U.S tax laws and prepare them in advance to maintain as much of their wealth and earnings as possible. 

If you, a colleague or client need help with any of the above issues, do not hesitate to reach out.

Contact us here.

 

 

IRS Introduces Tax Relief Measures for Those Impacted by Covid-19

IRS Introduces Tax Relief Measures for Those Impacted by Covid-19

IRS Introduces Tax Relief Measures for Those Impacted by Covid-19

Jack Brister s p 500

Jack Brister

Founder, International Wealth Tax Advisors

Jack Brister, Founder of International Wealth Tax Advisors, is a noted international tax expert, with over 25 years of experience. Jack specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset protection structures.

Jack is a frequent featured speaker at numerous international financial conferences and has been named a Citywealth Top 100 U.S. Wealth Advisor.

Contact IWTA

To schedule an introductory phone conference with IWTA  founder Jack Brister simply click here. Email IWTA at bloginquiries@iwtas.com Or call the IWTA New York City office at 212-256-1142

IWTA Breaking Tax News: November 2, 2020

IRS Introduces Tax Relief Measures for Those Impacted by Covid-19

On November 2, 2020 the Internal Revenue Service announced changes designed to de-stress taxpayers filing late 2019 returns, and those that have fallen behind on previously-negotiated installment agreements or otherwise struggling to pay balances owed.

In short, any taxpayer struggling financially due to the pandemic can take comfort in and advantage of the second phase of tax relief, or what the IRS calls its “People First” initiative. These tax relief measures apply to small business owners too, who have been hurt badly by the pandemic-induced economic slowdown.  Many taxpayers requesting payment plans, including Installment Agreements, may apply online, using IRS.gov without ever having to talk to a representative.

Darren Guillot, the IRS Small Business/Self-Employed Deputy Commissioner for Collection and Operations Support, discussed the just-announced tax relief options in a new edition of the IRS blog, “A Closer Look.”

In addition to setting up payment plans and payment agreements, the IRS is offering expanded tax relief services in the following areas:

  • Temporarily Delaying CollectionIf the IRS determines the taxpayer is unable to pay, they may qualify.
  • Offer in CompromiseFor some taxpayers who are temporarily unable to meet the payment terms of an accepted offer in compromise, the IRS is offering more flexible arrangements.
  • Relief from PenaltiesThe IRS is offering reasonable cause assistance and first-time penalty abatement relief.

Specific tax relief options highlighted by the IRS are listed below. Note: these options are listed exactly as they appear on the IRS website:

  • Taxpayers who qualify for a short-term payment plan option may now have up to 180 days to resolve their tax liabilities instead of 120 days.
  • The IRS is offering flexibility for some taxpayers who are temporarily unable to meet the payment terms of an accepted Offer in Compromise.
  • The IRS will automatically add certain new tax balances to existing Installment Agreements, for individual and out of business taxpayers. This taxpayer-friendly approach will occur instead of defaulting the agreement, which can complicate matters for those trying to pay their taxes.
  • To reduce burden, certain qualified individual taxpayers who owe less than $250,000 may set up Installment Agreements without providing a financial statement or substantiation if their monthly payment proposal is sufficient.
  • Some individual taxpayers who only owe for the 2019 tax year and who owe less than $250,000 may qualify to set up an Installment Agreement without a notice of federal tax lien filed by the IRS.
  • Additionally, qualified taxpayers with existing Direct Debit Installment Agreements may now be able to use the Online Payment Agreement system to propose lower monthly payment amounts and change their payment due dates.

Disaster Tax Relief for Victims of Hurricanes and Wildfires

2020 has wrought a torrent of disasters down on the people of the USA. In addition to the devastating loss of life and livelihood due to Covid-19, many Americans on the West Coast have suffered all matter of damage to life and limb, business and property due to raging wildfires. Southern and mid-Atlantic states have suffered devastation due to a sequential series of hurricanes. Puerto Rico experienced an earthquake.

The IRS recognizes that tax relief is needed for the victims of 2020 natural disasters.   Use this page to access a complete listing of disaster tax relief by state and type. Many have been extended beyond the initial cutoff dates.

If you find yourself or your business in need of help in navigating the new tax relief measures, what you may qualify for, and expertise in negotiating with the IRS, don’t hesitate to contact us. Check the IWTA list of specialized services in cross-border tax, foreign trusts tax consulting, foreign investment tax issues, etc., for more ways we can help.

 

 

In 2020 Cryptocurrency is No Longer a “Bit” Player

In 2020 Cryptocurrency is No Longer a “Bit” Player

In 2020 Cryptocurrency is No Longer a “Bit” Player

Jack Brister s p 500

Jack Brister

Founder, International Wealth Tax Advisors

Jack Brister, Founder of International Wealth Tax Advisors, is a noted international tax expert, with over 25 years of experience. Jack specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset protection structures.

Jack is a frequent featured speaker at numerous international financial conferences and has been named a Citywealth Top 100 U.S. Wealth Advisor.

Contact IWTA

To schedule an introductory phone conference with IWTA  founder Jack Brister simply click here. Email IWTA at bloginquiries@iwtas.com Or call the IWTA New York City office at 212-256-1142

The inevitability of Cryptocurrency in Mainstream Finance 

The Financial Crimes Enforcement Network, aka FinCEN, a unit within the United States Treasury Department, has seen no downtime during the pandemic. Tasked with investigating and combatting a whole host of financial crimes, including money laundering and the funding of terrorism, the “suspicious reports” roll in. “Dirty money” flows into the nation’s and the world’s largest banks, and despite employee whistleblowers, the majority of it goes through the legitimizing rinse cycle and gets washed squeaky clean.  Given the current set of U.S. laws, as long as the bank-in-question files a suspicious activity alert, they have effectively inoculated themselves against prosecution

So, what does international financial crime have to do with cryptocurrency?  

Cryptocurrency is built on the blockchain. Skipping the complexities for a moment, here are two key takeaways for an instrument created by blockchain technology: 1) It is impenetrable to hackers and fraudsters and 2) It is 100% traceable. For a thorough education on blockchain read Investopedia’s Guide to Blockchain.

While Bitcoin got a bad rap in its early days as being associated with dark web activities, the truth is it is much easier to track activities on public block chains, while private banking activities remain largely hidden from scrutiny. According to the United Nations, 90% of money laundering goes undetected.

Forbes’ recent interview with Chanpeng Zhao, Founder & CEO of Binance, largest cryptocurrency exchange in the world by volume, is highly informative in explaining the business of Bitcoin and the blockchain.

Is Crypto the New Gold?

Financial analysts have been reporting a gold buying frenzy as the result of current global economic uncertainty. This is no surprise and has plenty of historic precedence, but what is surprising is that the current run on cryptocurrency mirrors the 2020 gold trading chart to an eerie degree.

In a Bloomberg article dated May 7, 2020 and entitled “Paul Tudor Jones Buys Bitcoin as a Hedge Against Inflation”, Bloomberg reports Jones telling client that Bitcoin today is playing the role that gold played in the 1970’s. Says Jones: “I am not a hard-money nor a crypto nut. The most compelling argument for owning Bitcoin is the coming digitization of currency everywhere, accelerated by Covid-19.”

The Fed Plays Chess: The First Move to Reframe Cryptocurrency from Commodity to Real Currency

In an announcement devoid of fanfare, on July 22, 2020, the Office of the Comptroller of the Currency, officially announced that “banks and thrifts may provide custody services for crypto assets.” The OCC’s opinion applies to banks and federal savings associations of all sizes. How long before banks go from asset guardians to transactional accounts?

The OCC states, “…as the financial markets are increasingly digitized, the need will increase for banks and other service providers to leverage new technology and innovative ways to serve their customers’ needs. By doing so, banks can continue to fulfill the financial intermediation function they have historically played in providing payment, lending, and deposit services.”

DeFi VS CeFi: Moving to a Fiat Hybrid?

Facebook is still planning to roll out Libra, its cryptocurrency offering, the European Central Bank and China’s Central Bank are discussing digital currencies and J.P. Morgan Chase is planning on using stablecoin, which means the coin is tied to an actual asset. In fact, the asset could be money itself.

Here are just a few news items and announcements in September 2020:

  1. The government of the Bahamas Central Bank has announced the October 2020 launch of its CBDC, Central Bank of Digital Currency, the world’s first.

“The intended outcome of Project Sand Dollar is that all residents in The Bahamas would have use of a central bank digital currency, on a modernized technology platform, with an experience and convenience – legally and otherwise – that resembles cash. It is expected that this will allow for reduced service delivery costs, increased transactional efficiency, and an improved overall level of financial inclusion.”

  1. On September 22, 2020, Israeli lawmakers presented the Income Tax Ordinance (Taxation of the Sale of Digital Currencies) bill to the Knesset. The bill exempts digital currencies from capital gains tax. Israeli lawmakers see the free flow and flourishment of cryptocurrencies as key to their economy, which is largely technology-driven.
  1.  Although as recent as May 2020, Goldman Sachs declared on an investment call that “cryptocurrencies are not an asset class”, by August 2020 the new global head of digital assets advised, “We are exploring the commercial viability of creating our own fiat digital token.”

Even if you Gained or Lost a Few Coins, the IRS Wants to Know

  1. As originally reported on September 25th by the Wall Street Journal, the U.S. Treasury has decided in what some call a “tricky move”, to add a simple did-you-or-did-you-not-use-crypto checkbox to Form 1040. The article is behind a paywall, but you can read Fortune’s account here.

Says industry journal be(in)crypto:

“Does the IRS treat interest made form DeFi the same as interest made from CeFi or a traditional bank account? Are utility tokens “virtual currencies?” Are PoS block rewards treated the same as Bitcoin, or should they be treated like dividend re-investments?

 The answers are not entirely clear, but one thing is for sure: Traders and investors should think about what they are doing now when planning for how they will pay taxes next year.

Slapping questions related to virtual currencies on page one of the form shows just how important the issue is becoming to regulators.”

  1. Last October, the IRS issued updated guidelines on virtual currency including a downloadable FAQ. Despite the fact that 98% of dirty money crimes involve regular-old-money, the IRS is hard-at-work finding the crypto bandits, as a simple search on their website reveals.
  1. In August 2020, users of Reddit and other forums reported receiving cryptocurrency “warning” letters from the IRS. The letters were soon confirmed by mainstream media and discussed at length on tax law blogs. Some argue that these “soft letters” are of “disputable legality”, and violate taxpayers’ rights, but nevertheless, the warning shots are being fired.

This is an Evolving Story

As we “go to press”, more breaking news: Bitcoin prices surge to their highest since 2018 on the announcement that Paypal will accept the use of cryptocurrency for merchant payments. Read the Marketwatch article here.

It is evident that the Covid economy has only intensified the thirst of investors, entrepreneurs and increasingly, average citizens, for an economic model that more seamlessly marries with life-in-the-digital-lane. We promise to keep you updated on the shifting landscape of cryptocurrency, banking and finance and taxes. The future is here and it’s a wild ride!

Any questions or comments on this article? We’d love to hear them! Email us

Are You FIRPTA Compliant? IRS Targets Foreign Holders of U.S. Real Estate

Are You FIRPTA Compliant? IRS Targets Foreign Holders of U.S. Real Estate

Are You FIRPTA Compliant? IRS Targets Foreign Holders of U.S. Real Estate

Jack Brister s p 500

Jack Brister

Founder, International Wealth Tax Advisors

Jack Brister, Founder of International Wealth Tax Advisors, is a noted international tax expert, with over 25 years of experience. Jack specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset protection structures.

Jack is a frequent featured speaker at numerous international financial conferences and has been named a Citywealth Top 100 U.S. Wealth Advisor.

Contact IWTA

To schedule an introductory phone conference with IWTA  founder Jack Brister simply click here. Email IWTA at bloginquiries@iwtas.com Or call the IWTA New York City office at 212-256-1142

The IRS is Targeting Foreigners Selling U.S. Real Estate Interests

Individuals, investors, families and businesses have all found it necessary to pivot to a greater or lesser extent in light of the 2020 pandemic and ensuing economic crises. The IRS is no different.

Given its current limitations in conducting larger-scale audits, the IRS has determined that its best play is to focus on “issue-based” non-compliance. In other words: catch bigger fish in the leaky loophole nets of the tax law.  There is much anecdotal evidence within international tax circles to know that FIRTPA is an area teeming with reporting and compliance errors—not just by foreign investors, but also by U.S. withholding agents. Thus, the campaign is underway.

Who or What is Subject to FIRTPA?

The U.S. Congress designed the Foreign Investment in Real Property Tax Act (FIRPTA) to collect tax on the sale of a U.S. property by a foreign person or business entity in order to ensure that foreign persons and entities paid tax on their U.S. source (situated) income (i.e., extract a type of capital gains tax that would normally not apply).

The U.S. Congress determined that the sale of a defined interest in U.S. real property (USRPI) is the same as receiving income from a U.S. trade or business, and therefore becomes a taxable capital gain. A USRPI can apply to many investments besides a direct ownership interest in U.S. real estate, so foreign investors that think they are in the clear from FIRTPA compliance could be in for a big surprise.

To get a better and more thorough understanding of who and what is subject to FIRTPA and how it applies to property-related investments, please see the IWTA Services page on U.S. Real Estate and Foreign Investments. 

Our section entitled “Navigating  Real Estate Structures for Non-Resident Aliens” on our Tax Planning for Non-Resident Aliens services page also has some useful FIRPTA pointers.

What you Need to Know Now

On October 5th 2020, the IRS Large Business & International Division (LB&I) issued a notice regarding their resumption of an enforcement campaign to target NRAs receiving rental income from USRPIs. Nonresident alien (NRA) and other non-US taxpayer rental property owners can be subject to a 30% withholding tax on the gross amount of collected rental income unless they elect to categorize the income as effectively connected with US trade or business activities.

The LB&I’s previous announcement on Sept 14, 2020 announced their campaign to aggressively enforce tax withholding and reporting obligations of foreign investors, including foreign trusts, of U.S. real property and property interests.

According to a report by Statista, foreign property investment by foreign nationals is a major source of investment in the United States.  Property sales to foreign buyers totaled a whopping 78 billion dollars in 2019.

“In recent years, the largest share of foreign residential buyers originated from China and Canada, followed by Mexico. Foreign buyers of U.S. real estate prefer properties in suburban areas to properties in small towns and central areas of major cities,” says Statista.

Is it any wonder that the IRS is putting some firepower behind FIRPTA enforcement?

Forewarned is forearmed. The international cross-border tax experts at IWTA will gird you, your family, your trust, or business against the coming FIRTPA onslaught and help you emerge in good financial shape.

Contact us here to set up a consultation.

Additional IWTA Articles on FIRPTA:

https://iwtas.com/top-tips-for-international-tax-clients-during-the-covid-19-crisis/

Any questions or comments on this article? We’d love to hear them! Email us

 

 

IRS Cuts FDII and GILTI Some Slack

IRS Cuts FDII and GILTI Some Slack

Jack Brister s p 500

Jack Brister

Founder, International Wealth Tax Advisors

Jack Brister, Founder of International Wealth Tax Advisors, is a noted international tax expert, with over 25 years of experience. Jack specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset protection structures.

Jack is a frequent featured speaker at numerous international financial conferences and has been named a Citywealth Top 100 U.S. Wealth Advisor.

Contact IWTA

To schedule an introductory phone conference with IWTA  founder Jack Brister simply click here. Email IWTA at bloginquiries@iwtas.com Or call the IWTA New York City office at 212-256-1142

A new “flexible approach” addresses concerns about documentation and unnatural adjustments to accepted business practices.

 Last month, on July 9, to be exact, the U.S. Treasury Department and the IRS officially rolled out final regulations under IRS tax code Section 250, providing updated guidance on the deduction for foreign-derived intangible income (FDII) and global intangible low-taxed income (GILTI).

The final regulations (T.D. 9901, 85 Fed. Reg. 43042) were published in the Federal Register on July 15, 2020. Generally speaking, the revised regulations reduce certain documentation requirements and provide greater flexibility and further clarifications in areas such as the taxable income limitation.

Because the final regulations do not apply until 2021, clients and their tax preparation providers have additional time to implement new policies and procedures.  That being said, the new regulations come with new rules — to advertising services and electronically supplied services, for example, these new rules will undoubtedly result in new issues and questions for those businesses and individuals impacted by GILTI and FDII.

The IRS’ new and more flexible stance is a result of concerns raised that documentation requirements of the previously proposed regulations could mandate major and unreasonable changes to already-established business processes, potentially damaging customer relationships, and thus, business in general.

Despite the relaxation of some rules, transactional categories such as: general property sales to resellers and manufacturers, sales of intangible property, and the performance of general services to business recipients are still subject to specific substantiation requirements which may require a business to make contractual changes and/or elicit additional information from customers in order to do busines

Further Information on GILTI, FDII and the Tax Code Section 250

“Elevator Explanation” of FDII

IRS Section 250(a)(1)(A) permits a domestic corporation to take a deduction equal to 37.5 percent of its FDII.  In broad terms, a domestic corporation’s FDII is considered to be the amount of its intangible income from sales, lease, or licensing of property to persons located outside of the U.S., OR from services provided to persons located outside of the U.S. Export sales would be one example.

“Elevator Explanation” of GILTI

GILTI is a new category of income specifically designated for U.S. taxpayers that own a controlled foreign corporation (CFC). In general terms, all income of a CFC amounting to more than 10 percent return on a CFC’s basis in tangible depreciable property, with a few exceptions, is GILTI. The GILTI provisions commenced for CFC’s tax years after Dec. 31, 2017. The proposed regulations on computation of GILTI income were published on Oct. 10, 2018 in the Federal Register.

Need help navigating the new FIIDI and GILTI regulations and how they apply to your tax responsibilities? Contact us to set up a Zoom meeting or a phone call, or email us for more information.

 

Other Publications with Information and Summaries on IRS Tax Code 250

IRS

Federal Register

Accounting Today

JD Supra

National Law Review

 

Further  resources from the International Wealth Tax Advisors Web Site

https://iwtas.com/gilti-tax-and-foreign-trust-corps/

https://iwtas.com/services/real-estate-and-foreign-investment/

https://iwtas.com/services/nra-tax-planning/

 

 

 

 

Finally- All the Most Frequently Asked Questions About Foreign Trusts in One Place!

Finally- All the Most Frequently Asked Questions About Foreign Trusts in One Place!

Finally- All the Most Frequently Asked Questions About Foreign Trusts in One Place!

Jack Brister s p 500

Jack Brister

Founder, International Wealth Tax Advisors

Jack Brister, Founder of International Wealth Tax Advisors, is a noted international tax expert, with over 25 years of experience. Jack specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset protection structures.

Jack is a frequent featured speaker at numerous international financial conferences and has been named a Citywealth Top 100 U.S. Wealth Advisor.

Contact IWTA

To schedule an introductory phone conference with IWTA  founder Jack Brister simply click here. Email IWTA at bloginquiries@iwtas.com Or call the IWTA New York City office at 212-256-1142

Finally- All the Most Frequently Asked Questions About Foreign Trusts in One Place!

     BONUS: A Handy Yes/No Calculation Quiz to Determine:

  1. If Your Trust is a Foreign Trust
  2. Type of Trust

 

You asked, we answered. Click here to be a Foreign Trust know-it-all.

Foreign Trust tax reporting, tax management and filing of the infamous Form 3520 is all in a day’s work for a qualified international tax advisory and accountancy. For clients and financial professionals not-so-familiar with the international tax world, it is far from routine. Foreign Trusts are one of the most asked-about and misunderstood financial instruments. Questions abound in determining category, following legal compliance and fulfilling tax responsibilities.

We sympathize.

So, instead of paying for a lengthy and costly consultation by a legal or cross-border tax professional just to learn the basics, or scouring the Internet for bits and pieces of information, we thought we’d cut you some slack and give you the whole enchilada. Well, at least a healthy-sized serving.

We looked through our client history, researched search engine queries and combed online forums to come up with the top ten frequently asked questions on foreign trusts.

They are….(drumroll, please):

  1. Who should file IRS Form 3520?
  2. What is a foreign trust?
  3. Are trust distributions taxable to the beneficiary?
  4. Do trust beneficiaries of a foreign trust pay taxes?
  5. What is a foreign grantor trust owner statement?
  6. Is a gift from a foreign person taxable?
  7. How to create an international trust?
  8. Is a TFSA considered a foreign Trust?
  9. What is the Schedule B compliance requirement for foreign accounts and trusts?
  10. What is the U.S. taxation of foreign trusts?

And as an added courtesy, our office math whizzes came up with a simple-to-use tool in the form of a very short yes/no quiz to determine, in less than a minute, if the instrument you are dealing with is a Foreign Trust or U.S. Trust, and the specific type. The type of trust will determine the nature of your/your beneficiaries’ tax filing requirements. How’s that for one-stop Q & A shopping?

Click here to read the answers to the IWTA Foreign Trust Top Ten FAQs and try our 30-second determination tool.

If you or your clients need help with the next steps of Foreign Trust reporting, management and tax filing, contact us and we’ll be glad to be of service.

We’d love to hear your feedback and comments! Email us at info@iwtas.com or editor@iwtas.com

 

Breaking Covid-19 Tax News Update: IRS’ “Substantial Presence 60-Day Covid-19 Waiver is Set to Expire

Breaking Covid-19 Tax News Update: IRS’ “Substantial Presence 60-Day Covid-19 Waiver is Set to Expire

Breaking Covid-19 Tax News Update: IRS’ “Substantial Presence 60-Day Covid-19 Waiver is Set to Expire

Jack Brister s p 500

Jack Brister

Founder, International Wealth Tax Advisors

Jack Brister, Founder of International Wealth Tax Advisors, is a noted international tax expert, with over 25 years of experience. Jack specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset protection structures.

Jack is a frequent featured speaker at numerous international financial conferences and has been named a Citywealth Top 100 U.S. Wealth Advisor.

Contact IWTA

To schedule an introductory phone conference with IWTA  founder Jack Brister simply click here. Email IWTA at bloginquiries@iwtas.com Or call the IWTA New York City office at 212-256-1142

Breaking: June 30, 2020

Our previous blog posts, in particular April 20, 2020,  (posted at the height of the tragic intersection of Covid-19 and stranded foreign visitors and business people) outlined unexpected tax issues created by the global pandemic. It looks like the IRS is ending their tax grace period, the 60-day “Covid-19 Emergency Period” for eligible non-resident alien individuals.  In U.S. Treasury Department terms, IRS Rev. Proc. 2020-20  and Rev Proc 2020-27 are coming to an end.

The IRS released relief measures (Rev. Proc 2020-20, Rev. Proc. 2020-27) in April 2020. In brief, the measures allowed non-resident individuals, foreign corporations, and partnerships to choose a 60-day period between Feb. 1 and April 1 in which the IRS would not consider their extended U.S. activity a tax liability. The agency updated its relief information earlier in June 2020.

According to Bloomberg News, an IRS spokesperson declared at a recent Washington DC industry panel, “We are not considering extending that relief, but we are continuing to monitor the situation.”

The spokesperson further commented: “It’s important to note that all that relief is premised on a certain state of the world with certain kinds of travel disruptions,” he said. “We see that travel disruptions are beginning to get better, although of course they still exist.”

As of this writing, the 14-day change in new Coronavirus cases in the U.S.A. is at an astounding 80%. Today the European Union announced it will officially open its borders to visitors tomorrow, July 1, 2020. The EU also announced that U.S. travelers are barred from entry. Will the Treasury Department reverse its stance that travel disruptions are “getting better”?  Check our blog and Twitter feed for updates!

Review our previous blog posts covering Covid-19 and and cross-border tax issues:

IWTA Blog Post March 20, 2020

IWTA Blog Post April 1, 2020

IWTA Blog Post April 20, 2020

IWTA Blog Post April 28, 2020

IWTA Blog Post May 1, 2020

IWTA Blog Post, June 11, 2020

IWTA Blog Post June 12, 2020

As a service to our clients, colleagues and all those with an interest in cross-border tax issues, we post updates to breaking  and critical tax news stories. Check the IWTA Tax News Blog Page and sign up for our email newsletter (bottom of blog page) to stay current.

     

     

     

    Breaking Tax News Week of June 8, 2020

    Breaking Tax News Week of June 8, 2020

    Jack Brister s p 500

    Jack Brister

    Founder, International Wealth Tax Advisors

    Jack Brister, Founder of International Wealth Tax Advisors, is a noted international tax expert, with over 25 years of experience. Jack specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset protection structures.

    Jack is a frequent featured speaker at numerous international financial conferences and has been named a Citywealth Top 100 U.S. Wealth Advisor.

    Contact IWTA

    To schedule an introductory phone conference with IWTA  founder Jack Brister simply click here. Email IWTA at bloginquiries@iwtas.com Or call the IWTA New York City office at 212-256-1142

    Breaking: June 10, 2020

    The IRS announced it is extending the deadline on estimated tax payments for tax year 2020 to July 15. 2020, due to the Cocid-19 pandemic. 

    However, here is where it gets tricky: Not all U.S. States have changed their 2019 filing deadlines to the federal Jul 15, 2020 date, and the same is true for estimated 2020 tax due dates. Life is complicated.

    Forbes has compiled a comprehensive list of State-by-State 2019 income tax and 2020 estimated tax filing deadlines. Get in the know before you inadvertently find yourself out of compliance.

    Click here for your guide to state tax deadlines for filing returns and making estimated payments. 

    Breaking: June 11, 2020

    What is the State of the Coronavirus Stimulus?

    Will congress come through with more dough? You’ll have to wait until the Senate returns from summer recess to find out.

    Although the May Jobs Report showed the U.S. unemployment numbers at a dismal 13.3%, the fact that the unemployment numbers fell from April, and 2.5 million jobs were added was enough good news to buoy the U.S. Senate into rethinking whether another round of stimulus was justified.  Add to this that a lot of business stimulus money has remained unspent, and you have a recipe for a summer showdown in congress.

    There are numbers to support opinions on both sides of the aisle, with the average American business and individual still picking up the pieces of their upended lives and livelihoods.

    Will Summer 2020 usher in the long, hot road to recovery, a lazy, hazy stall or set the stage for a (down) Fall? Watch these pages for updates as the data swims in.

    This recent Forbes article will give you the numbers that are simultaneously fueling the conclusions of the stimulus cutters and the stimulus believers.

    If you have questions or concerns in regards to any cross-border tax and investment management issues. Contact IWTA. We’re here to help.

       

       

       

      A Taxing Pandemic: Covid-19 and Cross-Border Tax Issues

      A Taxing Pandemic: Covid-19 and Cross-Border Tax Issues

      A Taxing Pandemic: Covid-19 and Cross-Border Tax Issues

      Jack Brister s p 500

      Jack Brister

      Founder, International Wealth Tax Advisors

      Jack Brister, Founder of International Wealth Tax Advisors, is a noted international tax expert, with over 25 years of experience. Jack specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset protection structures.

      Jack is a frequent featured speaker at numerous international financial conferences and has been named a Citywealth Top 100 U.S. Wealth Advisor.

      Contact IWTA

      To schedule an introductory phone conference with IWTA  founder Jack Brister simply click here. Email IWTA at bloginquiries@iwtas.com Or call the IWTA New York City office at 212-256-1142

       Tax Laws are Bending, Flexing and Breaking to Deal with an Ever-Evolving Situation

       

      As they say in the news business, Covid-19 is a “developing story,” and the adjustments being made by the U.S. Treasury department to address the unique tax issues arising as a result of the pandemic are historic. At this halfway mark of the year, with summer on the near horizon, I have compiled what I consider to be this point in time, the most critical cross-border tax stories. I have summarized three issues, along with the IRS reference documents. If you or your clients have a compelling and unique tax circumstance that has arisen due to the Coronavirus pandemic, we would appreciate your sharing the story with us. And, please feel free to share your comments in an email, and we will publish them.

       

      Issue #1: The Land of Lost Deductions: U.S. Citizens and Permanent Residents Living or Working Abroad in the Time of Covid

      Summary:

      Under normal circumstances, U.S. citizens or residents living abroad can qualify to exclude a maximum dollar amount from reported income made overseas. The amount is adjusted upward annually to account for inflation. In 2019 the maximum deduction was $105,900. In 2020 it is $107,600. This is called the foreign earned income exclusion. In addition, those who qualify can also claim an exclusion or deduction from gross income for foreign housing.

      Question: What happens when the U.S. individual has to leave their foreign place of business and/or residence because of the Covid-19 pandemic? Qualified individuals must normally prove uninterrupted foreign residence for a minimum of 330 days.

      Answer: The IRS has provided relief under these extenuating circumstances. If living/working in China, the individual would have to prove presence in the country on or before December 1, 2019. For qualifying individuals living in other locales, they must prove their foreign presence commenced on or before February 1, 2020.  Therefore, individuals who under normal circumstance would have expected to meet the IRS’ 330-day continuous presence requirement while also meeting the other requirements for qualification, are permitted to use any 12-month period to satisfy the “qualified individual” requirement.

      Reference:

      https://www.irs.gov/pub/irs-drop/rp-20-27.pdf

       

      Issue #2: Non-Resident Aliens and UTSBs Caught in the U.S. Government’s “Substantial Presence” Trap Due to the Covid-19 Outbreak

      Summary:

      Here we find a situation occurring on U.S. territory. To wit: a foreign visitor or business person has overstayed their allowance of tax-exempt visitor time, due to complications arising from the Coronavirus pandemic. The situations that ensued for those caught up in the quarantine were varied and often tragic. See my previous blog posts on the subject:

      https://iwtas.com/the-perfect-storm-of-timing-tragedy-and-tax-law-nras-and-covid-19/

      https://iwtas.com/breaking-news-update-u-s-department-of-treasury-offers-tax-relief-to-nras-remaining-in-usa-during-covid-19-pandemic/

      A “Covid-19 Emergency Period” was established by the IRS. It begins on or after February 1, 2020 and ends on or before April 1, 2020.

      The IRS has an FAQ page covering the myriad issues. (Link below.) Note that in some cases, filing preemptive individual or business taxes even if not required may actually result in gains, as treaty-based relief and statute of limitation issues could be claimed.

      Reference:

      https://www.irs.gov/newsroom/information-for-nonresident-aliens-and-foreign-businesses-impacted-by-covid-19-travel-disruptions

      Issue #3: Transfer Tax Extensions

      Summary:

      Many categories of Estate, Gift, and Trust tax returns were granted filing extensions of July 15. 2020 due to the Covid-19 pandemic. The extension affects many required forms. For a full list see the IRS publication below. For a summary, click here.

      Reference:

      https://www.irs.gov/pub/irs-drop/n-20-23.pdf

      Also see our previous blog post: https://iwtas.com/top-tips-for-international-tax-clients-during-the-covid-19-crisis/

      If you, a colleague or client need help with any of the above issues, do not hesitate to reach out.

      Contact us here.