The Services We Offer
- Annual returns – filing for individuals, families and businesses according to the requirements of the Federal (IRS) and state tax authorities, as necessary.
- Follow-up after return filing.
- FBAR forms – annual reporting for foreign financial accounts.
- Voluntary disclosure for US Persons who have not previously filed or who have filed incompletely or incorrectly.
- Returns for non-US citizens/residents for example investors in US real estate.
- Full support for our clients in dealing with the IRS (additional fees may apply in some cases).
* We will file according to the specific needs and requirements of each client.
Investing in U.S. Real Estate
MasAmerica regularly represents foreigners in connection with their U.S. real estate investment activities. Our services include structuring the investment to take account of and minimize (to the extent possible) any U.S. income and estate tax exposures, advising on tax deferral disposition strategies, including 1031 exchanges, and drafting and reviewing transaction documents.
- US estate tax issues
- FIRPTA withholding
- Branch profits tax
- 1031 exchanges
- Drafting & reviewing documents
MasAmerica Tax serves as tax adviser to both buyers and sellers in connection with their U.S. corporate transactions. Our services include advising on structure and tax consequences, reviewing transaction documents and negotiating tax provisions. Our clients include both public and private companies.
- Cross-border transactions
- Inversion transactions
CFC and PFIC Determinations and Consequences
A U.S. person that own shares of a foreign corporation that is classified as a CFC or PFIC for U.S. tax purposes may be subject to adverse U.S. tax consequences. We help determine whether a foreign corporation is classified as a CFC or PFIC and advise on how CFC and/or PFIC status can be avoided or on how the adverse U.S. tax consequences can be mitigated.
U.S. Joint Ventures
Entering into a U.S. joint venture could expose the foreign partner to U.S. taxation. We work with foreign parties to structure their ownership so as to minimize their exposure to U.S. taxation. We also assist with contract negotiating and drafting.
- Partnership & LLC agreements
Establishing and Financing U.S. Operations
We regularly advise foreign corporations on the optimal tax structure for establishing their U.S. operations. We assist with choice of entity analysis (corporation v. partnership v. LLC) and equity v. debt financing. Additional services include assistance with entity formation and drafting formation and governance documents.
- Choice of entity
- Entity formation
- Formation & governance documents
- Debt/equity determinations – 385 regulations
- Interest stripping
Properly structured, equity compensation may qualify for preferential tax treatment. Conversely, improperly structured equity compensation could subject U.S. founders/employees to increased taxes or penalties. We counsel clients on the U.S. tax consequences of receiving equity compensation and advise on the structure that provides them the best tax outcome.
- 83(b) Elections
- Golden parachutes
U.S. Tax Treaties
The United States has an extensive network of tax treaties with foreign countries. Under those treaties, foreigners that do not have a “permanent establishment” in the United States may be entitled to a reduced or zero U.S. tax rate on certain payments received from the U.S. We help clients determine whether they have a U.S. permanent establishment and with treaty interpretation questions.
- Treaty interpretation
- U.S. permanent establishment
Transactions between related companies that are incorporated in different countries raise certain unique tax issues. This is particularly true of software companies. We help companies determine the proper tax classification of their intercompany transactions and whether their intercompany payments are subject to withholding. We also make sure that the intercompany agreements are consistent and reflect the tax classification of the intercompany transactions.
- Classification & withholding
- Drafting & reviewing intercompany agreements