How is EB-5 investment capital taxed when investors get it back? - EB5Investors.com

How is EB-5 investment capital taxed when investors get it back?

When investors complete the entire process of EB-5 and get their investment capital back, do they need to pay taxes for it? Do they need to report it to the IRS? If investors suffer loss on the investment, are they still subject to any types of taxes?

Answers

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

I bring in an international accountant for things like this. I may know EB-5 laws and policies well but tax? I leave that to an expert.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Generally, if there are profits then you do have to pay taxes on the profits. The regional center will report them on your K-1.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

If you are simply getting back your capital with no capital gains or losses, that is called the return of investment and is not subject to tax. If, on the other hand, your capital grows and you are paid back an amount more than your investment, you would be subject to capital gains tax. Finally, if you get back an amount less than your investment amount, that would mean that you have experienced a capital loss, which you could theoretically use against capital gains you might have elsewhere. The treatment of taxes when there is a capital gain or a capital loss is quite complicated. If that were to happen, you should certainly seek the advice of a tax attorney or accountant.

Charles Foster

Charles Foster

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You pay U.S. tax only on your income from the investment, not on the investment amount.

Dale Schwartz

Dale Schwartz

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

No taxes. It is a return of your investment capital. If you get more back than you put in, then the difference is taxable, either as ordinary income or capital gains. A loss would probably be a long-term capital loss.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Best to discuss with a tax professional.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.