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The Tax Cuts and Jobs Act of 2017

In December 2017 the U.S. passed a comprehensive tax reform package focused on supporting U.S. investments and the repatriation of foreign profits. The Tax Cuts and Jobs Act of 2017 (TCJA) lowered the corporate federal tax rate from 35 to 21 percent and made significant changes as to how foreign generated income would be taxed going forward. The TCJA enacted a “territorial” tax system and at the same time introduced provisions aimed to prevent U.S. companies from shifting profits...

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Exchange of Information Systems in International Commerce

By Mary Vasilescu, CPA, MST Background In this new age of technology and ever-expanding global commerce, there is a growing need among industrialized countries for tax information sharing and cooperation among their respective tax authorities for the purposes of tax enforcement, as well as tax evasion detection and mitigation.  This can be evidenced by the recent advent of the Foreign Account Tax Compliance Act (known as “FATCA”) which has resulted in over one hundred inter-governmental...

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Be Substantially Compliant or Face Monetary Penalties

By Mary Vasilescu, CPA, MST File complete forms 5471 and 5472 to avoid penalties and extension of statute of limitation. The IRS Practice Unit (IPU) “The Meaning of “Substantially Complete” with Reference to International Information Return Penalties,” addresses substantial compliance related to international information returns. This release follows a 2015 issued IPU: “Failure to File the Form 5471 – Category 4 and 5 Filers – Monetary Penalty,” which focuses on Category 4 and 5...

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How the General Data Protection Regulation (GDPR) Affects How You Do Business

Updated 7/29/2019 If you operate a business that is in any way involved with obtaining, managing or using the personal data of residents of the European Union, note the date May 25, 2018. That’s when the two-years-in-the-makingGeneral Data Protection Regulation became the law of the land. Your company might be affected by the GDPR — and subject to potentially stiff financial penalties for violations — even if it doesn’t have a physical presence in Europe. Let’s take a...

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EB-5 Legislation Could Spell Change for Foreign Investors

By Mark Feldstein The Immigrant Investor Program, more commonly known as EB-5, found itself in the news recently due to the introduction of a Congressional bill in July 2017 that could change qualifying terms. But first, let’s review the EB-5 program and how it currently affects foreign investors and entrepreneurs. Program Overview The federal EB-5 Program has been in effect since 1992. Its purpose is to provide U.S. visas and a path to citizenship for immigrants who invest at least...

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New Extended Form 8938 Filing Requirements

By: Mary Vasilescu For tax years starting after December 31, 2015, the Internal Revenue Service (IRS) has expanded the criteria for reporting Specified Foreign Financial Assets, or SFFAs. SFFA’s for this purpose are foreign financial accounts maintained at a foreign financial institution and other foreign financial assets held for investment purposes. Enacted in 2010 as a section of FATCA or the “Foreign Account Tax Compliance Act”, Section 6038D of the Internal Revenue Code requires...

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International Entrepreneurs Welcomed Per USCIS Proposal

By Mary Vasilescu The U.S. Citizenship and Immigration Service (USCIS) recently announced a groundbreaking new proposal to award temporary admission to international industrialists looking to cultivate their business within the United States. USCIS Director, Leon Rodriguez believes that “America’s economy has long benefitted from the contributions of immigrant entrepreneurs, from Main Street to Silicon Valley,” thus, the proposal when finalized, is expected to strengthen the...

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What Foreign Business Owners Need to Know When Starting to Work in The U.S.

By Mark Feldstein and Mary Vasilescu When international businesses are considering doing business in the U.S., the first question is usually, “Where do we start?” Whether the company is considering an acquisition or opening a facility in this country, there are a number of things to know before stepping foot on U.S. soil. Here are some things to consider. Type of Entity Will the company be a Corporation, an LLC or something else? Each class of entity has its advantages and disadvantages,...

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Removing the Veil

How FATCA will affect your foreign financial dealings By Mary Vasilescu  If you have offshore financial interests or make payments to foreign entities, you need to know about the Foreign Account Tax Compliance Act, which removes the veil from foreign banks and other entities that enable U.S. citizens to evade taxes on assets accumulated in other countries. Foreign entities are required to satisfy payment documentation and reporting requirements. Lacking the cooperation of those entities,...

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