the investor intends to sell the property in the relative
short term, income tax planning may be equally
important, if not more so than transfer tax planning.
Typically, this planning involves the use of a trust and
perhaps an entity (frequently a partnership or Limited
Liability Company) to own the property, which in turn
is owned by the trust from inception. EB-5 investors
must take steps to minimize U.S. taxation before
becoming a U.S. “resident.” For both U.S. income and
transfer tax purposes, a tax professional can often
significantly reduce and even eliminate this U.S. tax,
but only with planning undertaken in advance of
becoming a U.S. resident for tax purposes.
JONATHAN MINTZ
Jonathan Mintz is a partner at Evergreen
Legacy Planning LLP, where he focuses on
the areas of estate planning, long-term trust
design and implementation, asset protection,
and strategic international tax planning. He
is a frequent author and speaker, an adjunct faculty at the
Chapman University Fowler School of Law, and immediate past
chair of STEP-Orange County. He is a member of the California
Bar Association, the Society of Trust and Estate Practitioners,
WealthCounsel and ElderCounsel. Mintz has also authored
articles in other industry publications.
123 EB5 INVESTORS M AGAZINE