Articles

Handling the toughest tax cases and the most sophisticated estate tax plans

The list of tax law articles below are all written by Richard S. Lehman.

Richard S Lehman united states tax attorney

INTERNATIONAL TAXATION

These articles and videos cover a complete range of topics dealing with legal and practical advice for foreign investors that invest in United States businesses, United States real estate and United States securities; and aliens that immigrate to the United States. This includes income, estate and gift tax planning for nonresident alien individuals and foreign entities such as foreign corporations, foreign trusts and foreign partnerships.

  • Pre Immigration Income Tax Planning
    America continues to be the ultimate destination point for many wealthy immigrants. Some from countries with taxes higher than the U.S. but most from countries with either lower taxes than the U.S. or countries with higher taxes that for all practical purposes are circumvented to one degree or another. Click here to read full article
  • Tax Planning for Foreign Investors Acquiring Smaller ($500,000 and under) United States Real Estate Investments
    Tax planning for the non resident alien individual and foreign corporate investor that is planning for smaller size investments in United States real estate “Foreign Investor”. Click here to read this article in English

  • Tax Planning for Foreign Investors Acquiring Larger (One Million Dollars and over) United States Real Estate Investments The first suggestion is that today the Foreign Investor has the time to think about making your purchase and it need not be hurried but one cannot wait for all of the signs of correction before committing. The U.S. real estate market is very depressed. At the same time the U.S. real estate market will not be depressed forever and may turn quickly when it turns. Click here to read this article in English
  • U.S. TAXATION OF FOREIGN INVESTORS
    The following narrative outline is intended to provide the foreign investor, both corporate and individual, with a basic introduction to the tax laws of the United States as they apply to that foreign investor. This outline has been translated in the following languages:

  • TAX PLANNING FOR FOREIGN INVESTMENT
    Knowing the right tax plan can help attract foreign investors to a domestic project.
    Southeast Real Estate Business
  • PRE-IMMIGRATION TAX PLANNING
    Safeguarding The Immigrant’s Financial Interests Prior to Residency.
    Very often immigrating residents are unfamiliar with the tax laws of the United States, that they will face upon obtaining their resident status. Often this lack of knowledge can be costly with immigrants paying unnecessary taxes and burdening themselves with liabilities. The following is a checklist of issues that may be helpful to avoid these tax problems.
    Click here, read article
  • TAX PLANNING FOR THE FOREIGN REAL ESTATE INVESTOR
    Tax Benefits and Tax Traps
    Very often Foreign Investors are unfamiliar with the federal and state tax laws that they will face when investing in United States real estate. Often this lack of knowledge can be costly with foreign investors paying unnecessary taxes. Click here, read this article
  • THE UNITED STATES A TAX HAVEN FOR FOREIGN INVESTORS AND IMMIGRANTS TO THE UNITED STATES
    South Florida Business Journal
    As times become more and more troubled, South Florida sees more than its share of immigrants fleeing dangers and coming here to stay; and foreign investors who want their money and second homes here. One concern that is often high on their list is the payment of United States Federal taxes, both income taxes and estate taxes. From a tax perspective there are both special advantages and traps for both would-be immigrants to the United States and the foreign investor. This article will look at both the traps and the advantages. Click here to read this article.
  • DOMESTIC PROFESSIONALS MUST RESPOND TO UNSETTLED TIMES IN SOUTH & CENTRAL AMERICA
    South Florida Business Journal     Unsettled times in Argentina, Venezuela, Columbia and other regions are leading to an “immigration of the wealthy”. While racing to establish some sort of United States presence these people will need to take a lot of care and receive good professional advice if they are to avoid financial problems and delays.

DOMESTIC TAXATION FOR AMERICANS:

Offshore Bank Accounts & Foreign Assets

  • This is the new IRS Streamlined Filing Compliance Procedures. Explained by Richard Lehman
  • The Foreign Account Tax Compliance Act (FATCA) Americans now required to disclose all foreign financial assets. Click here to read full article
  • IRS Voluntary Compliance for Offshore Banking: On March 23, the Internal Revenue Service came up with a six month “Amnesty Program” to allow U.S. taxpayers with unreported income to disclose their foreign bank accounts without fear of any criminal tax penalties. That was then — and this is now — Mr. Lehman has found on multiple occasions that when dealing with cases such as those involved in the Amnesty Program, the taxpayer is best served by making his first few steps the right ones which include hiring the right team of counsels that include both a tax lawyer and a criminal lawyer.
  • Making The Offer In Compromise – Simple Offer in Compromise settlements are based upon the Taxpayer’s assets and overall financial situation. The worse the Taxpayer’s financial situation looks, the better the settlement with the I.R.S. The bad economy is one reason why now is the time to consider an Offer in Compromise. click here to read this article.

IC-DISC:

  • The United States Tax Benefits Of Exporting With export profits hard to come by, U.S. taxpayers that sell, lease or license “export property” which is manufactured, produced or grown in the United States (not more than 50% of which attributable to U.S. imports), can take advantage of strong support for their export profits in the Internal Revenue Code. Click here to read full article

Ponzi Scheme & Tax Loss:

  • The U.S. Government Accountability Office (GAO) is an independent, nonpartisan agency that works for Congress. Often called the “congressional watchdog,”GAO investigates how the federal government spends taxpayer dollars. They recently released the “Customer Outcomes in the Madoff Liquidation Proceeding” Download the entire 80 page report here.
  • Favorable Tax Consequences – Ponzi Schemes And The Clawback Most of us are familiar with the concept of the Ponzi Scheme. An investment built on phony profits that crashes and burns, financially devastating many. What is less familiar is the fact that an investor in a Ponzi Scheme cannot only lose all of their investment. Investors in Ponzi Schemes can also be forced to pay back additional moneys earned from the Ponzi Scheme years before it exploded. This is what is known as a clawback. Click here to read full article
  • Ponzi Schemes and Theft Losses – What to do if there is NO Safe Harbor? There are many reasons a Taxpayer victim of a Ponzi Scheme will either not fit in the Safe Harbor or will be forced to waive valuable tax rights in the event they choose the Safe Harbor. Therefore it makes sense to study how to deal with the I.R.S. if you have a theft loss and you will not or cannot use the Safe Harbor. Click here to read full article
  • The Tax Consequences of the “Clawbacks” In Madoff and Other Ponzi Schemes The headlines are now informing Madoff and other Ponzi Scheme victims about the most recent piece of bad news. That is the word “claw back”. In short, investors who received cash investment returns from a Ponzi Scheme in excess of the actual invested funds are being forced to pay that excess cash back. HOWEVER, THESE “CLAW BACK” PAYMENTS WILL BE TAX DEDUCTIBLE. Click here, read this article online
  • ‘Ponzi Scheme” Reports A series of reports focusing on the tax benefits available as a result of the Bernard Madoff fraud. These Reports are not intended to be and can not serve as legal advice to any reader. Each taxpayer has their own unique factual situation which is going to need to be reviewed by tax advisors and litigation counsel before any legal conclusions can be reached. The Reports are being made in a series form since there is still a great deal of facts to be uncovered in the Bernard Madoff fraud. These facts are going to be extremely important in coming to conclusions about tax positions.
    • Report No. 1: The Basics – Download as pdf
    • Report No. 2: A reasonable prospect of recovery – Download as pdf
    • Report No. 3: Is the Safe Harbor Worth it? – Download as pdf
    • “WEALTH & WISDOM” on PBS Station WXEL: Watch all segments A focus on taxation, litigation and The Bernie Maddoff Theft- Featuring prominent Palm Beach County attorneys Steven M. Katzman & Richard S. Lehman.