EB5 Investors Magazine Volume 5, Issue 2 - Page 124

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