What taxation liabilities do I have if I transfer savings abroad to the U.S. as EB-5 source of funds?

If you paid income tax or equivalent tax on your earned savings in a jurisdiction outside the US, a transfer of these funds as EB-5 capital to the US should not be subject to tax. You should consult a tax advisor to discuss your particular situation.

The processing time of the U.S. Citizenship and Immigration Services adjudicating the I-526 petition is 24 months and then several months to obtain conditional permanent residency. During this time of adjudication an international U.S. tax attorney and certified public accountant will be able to advise you on how to legally minimize your tax liabilities.

Our system taxes income earned in the United State and income earned by our residents and citizens abroad. Keeping in mind that I am an immigration lawyer, not a tax lawyer, to my knowledge and experience you will not be taxed on income earned abroad before you became a U.S. resident.

From taxation perspective, there are a number of facts that still need to be addressed before you can obtain an informed opinion on this issue, Among additional information needed are: your country of origin, information whether you are paying taxes as a non-resident or not since you have a non-immigrant L visa, whether your country of origin has a tax treaty or not with the United States, etc. Your questions call for interpretation of international tax laws. Advisably, consult tax expert(s) with all the relevant information and review your options as well with an EB-5 attorney.

You need to seek the advice of a tax attorney.

You should have no tax liability by transferring savings to the United States as your EB-5 source of funds. Only your income from employment or interest or dividend income is subject to taxation. Your savings abroad should not be subject to any taxation in the United States.

You should consult with an accountant or financial advisor regarding tax issues. However, savings earned abroad before you came to the United States should not be assessed U.S. tax.

You will need to speak with a U.S. tax lawyer and get advice from an EB-5 specialist to deduce if you lawfully avoided paying taxes on any income that may have been derived from the assets.

If you earned the savings before you came to United States and you paid taxes at your country on that income already, you do not need to pay additional taxes in United States.

Check with an international tax attorney, not immigration attorneys.

Generally, I recommend that investors consult with a tax advisor for these types of questions.