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How are EB-5 investors taxed on inherited property?

I became a conditional green card holder recently through the EB-5 program. If I inherit property or money from non-U.S. citizens, what tax liabilities do I have to fulfill? Also, does the estate and gift tax exemption of $11.4 million apply to conditional green card holders? Is this exemption applicable to an entire family or to every individual of a family? For instance, could my wife and I save on taxes if we split the inheritance?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    As a conditional resident, you are taxed the same as any resident or U.S. citizen and are entitled to gift tax exemptions like all U.S. citizens.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Your question goes to the heart of international estate planning and taxation. I will recommend you should consult experts with those two backgrounds.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I recommend you contact a tax attorney.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    These are questions you should be asking an accountant or tax lawyer, not immigration lawyers.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    This is a great forum for EB-5, but perhaps not for tax issues. I recommend you consult with a qualified CPA or tax attorney immediately before you receive this inheritance in your possession.

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    Phuong Le

    Immigration Attorney
    Answered on

    If you're a green card holder (conditional or not), you're subject to the same tax liabilities/obligations as all U.S. tax residents (including the exemptions you mentioned).

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    These are quite complicated tax questions that you should better ask a tax attorney or a CPA. Many investors do tax planning before getting a green card. There is no difference between a conditional green card holder, a permanent green card holder and U.S. citizens when it comes to tax treatment. In general, you will be liable to capital gains tax based on historical cost. As for inheritance, you should be entitled to the same exemptions of any other U.S. person, but again, there could be special considerations that will not be possible to cover in this forum.

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    Charles Foster

    Immigration Attorney
    Answered on

    You need to check with your experienced U.S. tax advisor, but generally you are taxed on your worldwide income and the gift tax exemption apples to conditional lawful permanent residents.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    You need to consult with and retain an accountant. An experienced accountant can answer these questions.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    This question should be posed to a tax attorney and/or an accountant for proper guidance.

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