Tax Planning for Foreign Investment in U.S. Real Estate

George R. McCormick
George R. McCormick
Baker Hostetler

George McCormick advises high net worth individuals and their families, entrepreneurs and business owners, family offices and trust companies on U.S. federal tax and estate and trust planning.

Nicole Green
Nicole Green
NGG Tax Group, Inc.

Nicole is a Managing Partner at NGG Tax Group, Inc. With over a decade of experience working in public and private firms, she provides compliance, tax, and consulting services to taxpayers as well as Advisory services to other firms.

On-Demand: June 11, 2025

2 hour CLE

Tuition: $195.00
Subscribe to myLawCLEs All-Acces Pass...
Get this course, plus over 1,000+ of live webinars.
Learn More
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

Session I - Tax Implications for Non-Americans Investing in U.S. Real Estate

This session will provide a foundational understanding of the primary U.S. federal tax considerations that foreign investors must consider when acquiring and managing U.S. real estate. We’ll cover how rental income is treated from a tax perspective, the implications of selling property, and the importance of properly classifying income streams to ensure compliance and avoid costly penalties. The discussion will also outline the withholding and reporting requirements under FIRPTA (Foreign Investment in Real Property Tax Act) and other regulations that commonly apply to non-U.S. investors. Attendees will walk away with a clearer picture of how to remain compliant while optimizing the income tax outcomes of their investments.

Key topics to be discussed:

  • U.S. federal income tax implications of renting and selling U.S. real estate
  • Synopsis of relevant withholding and reporting requirements (e.g., FIRPTA)
  • Key compliance obligations for foreign investors, including filing status and election considerations

Session II - Structuring & Transfer Tax Strategies for U.S. Real Estate

This session will explore how foreign investors can strategically structure their ownership of U.S. real estate to mitigate exposure to estate and gift taxes, which can be particularly severe for non-U.S. individuals. We’ll compare different holding structures—such as personal ownership, foreign corporations, U.S. entities, and trust arrangements—and evaluate the pros and cons of each from both a tax and practical perspective. The session will also address common pitfalls to avoid, such as triggering U.S. situs property. By the end of the session, attendees will better understand how thoughtful planning and entity selection can significantly reduce long-term tax liabilities and enhance asset protection.

Key topics to be discussed:

  • U.S. estate and gift tax implications for non-resident investors
  • Structuring options to minimize U.S. federal taxes, including comparison of entities and ownership models
  • Practical considerations and pitfalls to avoid in structuring and transferring U.S. real estate assets

Closed-captioning available

Speakers

Speaker_George R. McCormickGeorge R. McCormick | Baker Hostetler

George McCormick advises high net worth individuals and their families, entrepreneurs and business owners, family offices and trust companies on U.S. federal tax and estate and trust planning.

He provides general estate planning as well as more advanced gift and trust planning advice that includes counseling fund principals with gifting fund interests, creating grantor retained annuity trusts (GRATs), intentionally defective grantor trusts (IDGTs), private trust companies, charitable trusts and the use of life insurance strategies and structures. George counsel’s clients with tax compliance issues that may arise, including representing them in front of the IRS and advising clients who might need to make disclosures to the IRS.

A significant part of George’s practice is cross-border tax and wealth planning advice. He counsels non-U.S. individuals and U.S. citizens residing overseas, providing trust and succession planning advice for their American family members, creating foreign grantor trusts and administering foreign no grantor trusts. He assists non-U.S. clients with structuring tax efficient investments in U.S. real estate, funds and other U.S. situs investments, in addition to tax planning for immigration to the United States. George advises U.S. citizens living abroad, or who invest overseas, on a range of issues, including tax, estate and expatriation planning, focusing on the relevant non-U.S. legal and tax issues that may affect them. He developed his skills in international tax planning by practicing law in Hong Kong for more than five years early in his legal career. George is a member of the Society of Trust and Estate Practitioners (STEP), the international professional body for advisers who concentrate on cross-border inheritance and succession planning.

George worked for the Florida Department of Revenue before entering private practice, administering taxpayer audit appeals, providing taxpayers with guidance concerning state tax laws and advising state legislators and executives on federal and state tax law and legislation. He also served as Legislative Counsel to U.S. Congressman Michael C. Burgess, M.D., of Texas, drafting U.S. federal income and estate tax legislation and advising the congressman on tax and economic policy, foreign affairs and transportation.

 

Speaker_Nicole GreenNicole Green | NGG Tax Group, Inc.

Nicole is a Managing Partner at NGG Tax Group, Inc. With over a decade of experience working in public and private firms, she provides compliance, tax, and consulting services to taxpayers as well as Advisory services to other firms. Nicole also guides US and Foreign nationals on a wide range of in-bound and out-bound transactions surrounding US tax considerations and multinational tax matters. Nicole has written articles on international tax issues as well as cryptocurrency and the tax implications of a divorce. Nicole holds a master’s degree in taxation and is an IRS Enrolled Agent.

Agenda

Session I – Tax Implications for Non-Americans Investing in U.S. Real Estate | 1:00pm – 2:00pm

  • U.S. federal income tax implications of renting and selling U.S. real estate
  • Synopsis of relevant withholding and reporting requirements (e.g., FIRPTA)
  • Key compliance obligations for foreign investors, including filing status and election considerations

Break | 2:00pm – 2:10pm

Session II – Structuring & Transfer Tax Strategies for U.S. Real Estate | 2:10pm – 3:10pm

  • U.S. estate and gift tax implications for non-resident investors
  • Structuring options to minimize U.S. federal taxes, including comparison of entities and ownership models
  • Practical considerations and pitfalls to avoid in structuring and transferring U.S. real estate assets

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2.5 General

Certification Credits Approved:

2.5 Tax Law, 2.5 Real Estate
To request these credits, attorneys must contact us to issue a manual certificate.
Phone: (877) 406-8636
Email: registration@mylawcle.com
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Pending CLE Approval
2 General

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Preview
More CLE Webinars
Upcoming CLE Webinars
Sketching Legacies: A guide to drafting wills and trusts
Sketching Legacies: A guide to drafting wills and trusts Thu, July 17, 2025
On-Demand
Live Replay
Single Member LLCs: Avoiding Risks and Seizing Opportunities
Single Member LLCs: Avoiding Risks and Seizing Opportunities Thu, July 17, 2025
On-Demand
Live Replay
PTSD 101: What attorneys should know (2024 Edition)
PTSD 101: What attorneys should know (2024 Edition) Fri, July 18, 2025
On-Demand
Live Replay
Microsoft Excel for Lawyers (2024 Edition)
Microsoft Excel for Lawyers (2024 Edition) Tue, July 22, 2025
On-Demand
Live Replay
Obtaining and Using Social Media Evidence (2025 Edition)
Obtaining and Using Social Media Evidence (2025 Edition) Mon, July 28, 2025
On-Demand
Live Replay
Microsoft Copilot AI tool for Lawyers (Part 2)
Microsoft Copilot AI tool for Lawyers (Part 2) Thu, July 31, 2025
Live Webcast