Basis step-up, pre-immigration planning for foreign business owners and investors moving to the United States
Fernando Lopez
by Fernando Lopez
When foreign business owners and investors plan to move to the United States, a crucial aspect of their financial strategy should be pre-immigration tax planning. This planning can significantly impact their tax liabilities and overall financial health once they become US residents. One effective strategy in this context is the basis step-up, which can help mitigate future tax burdens.
Understanding basis step-up
The basis of an asset is essentially its original value for tax purposes, usually the purchase price. When an asset appreciates, the difference between its current market value and its basis is considered a capital gain, which is subject to taxation upon sale. A basis step-up involves adjusting the basis of an asset to its current fair market value, thereby reducing the taxable gain when the asset is eventually sold.
Why basis step-up matters
For foreign business owners and investors, the basis step-up can be a powerful tool to minimise US taxes on appreciated assets. By stepping up the basis of their foreign assets before becoming US tax residents, it is possible for the individual to effectively eliminate the US tax on the appreciation that occurred before their move.
Steps to implement basis step-up
Identify eligible assets:
The first step is to identify which assets are eligible for a basis step-up. This typically includes stocks, real estate, and business interests that have appreciated in value.
Trigger a deemed sale:
One common method to achieve a basis step-up is through a deemed sale prior to becoming a US tax resident. This sale is arranged so there is no US or foreign tax, but nonetheless achieves an increase in the basis of relevant assets to fair market value.
Timing and documentation:
Timing of the deemed sale is critical in this process. Proper documentation and valuation of the assets are essential to support the basis step-up and withstand potential scrutiny from tax authorities.
Consult with tax professionals:
Given the complexity of international tax laws and the significant financial implications, it is advisable to work with experienced tax professionals who specialise in pre-immigration planning. They can provide tailored advice and ensure compliance with all relevant regulations.
Benefits of basis step-up
Tax savings: By stepping up the basis of their assets, foreign business owners and investors can significantly reduce their US capital gains tax liability on future sales.
Simplified tax reporting: A higher basis can simplify tax reporting and reduce the administrative burden associated with tracking the original purchase price and subsequent appreciation.
Enhanced financial planning: This strategy allows for more accurate financial planning and wealth management, providing a clearer picture of the individual's net worth and potential tax obligations.
Pre-immigration tax planning, including the basis step-up strategy, is essential for foreign business owners and investors moving to the US. By taking proactive steps to adjust the basis of their assets, they can optimise their tax position and ensure a smoother financial transition to their new life in the United States. Consulting with knowledgeable tax professionals is crucial to navigate the complexities of this process and achieve the best possible outcomes.
Mowery & Schoenfeld is an accounting, advisory, and IT firm in Chicago with offices in Miami and Manilia, Philippines. With 20 partners and 160 employees, we are dedicated to values of People, Clients, Growth, & Adaptability. Our growing international practice is focused on LATAM and multinational advisory.
GGI member firm Mowery & Schoenfeld, LLCLincolnshire, Illinois, USAT: +1 847 247 8959
Auditing & Accounting, Tax
Fernando Lopez is an International Tax Services partner with Mowery & Schoenfeld, leading the service line. With a focus on helping his clients expand in the US and foreign markets, Fernando specialises in cross-border tax planning and structuring. Contact Fernando.
