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2025-06-11 13:00:00

2 Credits

Tax planning strategies for foreign investors in U.S. real estate, covering income tax, FIRPTA withholding, estate tax, and optimal ownership structures.

2025-06-11 13:00:00

Tax planning strategies for foreign investors in U.S. real estate, covering income tax, FIRPTA withholding, estate tax, and optimal ownership structures.

2025-06-11 13:00:00

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Trusted by Legal Professionals

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Access to live webinars & recordings

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Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how to determine foreign person status, apply FIRPTA withholding rules, make the 871(d) election, and structure investments to minimize estate tax exposure.

What will you gain

Attorneys will gain practical strategies for advising foreign clients on U.S. real estate investments, including structuring options and compliance requirements to avoid costly penalties.

Foreign Status
Determine who qualifies as a foreign person using the substantial presence test.
Income Taxation
Understand FDAP versus ECI treatment and the 871(d) net election for rentals.
FIRPTA Rules
Apply 15% withholding requirements and use Form 8288-B for reduced withholding.
Estate Tax
Non-residents face 40% estate tax with only a $60,000 exemption on U.S. property.
Corporate Structures
Two-tier corporate structures provide estate tax protection and eliminate FIRPTA withholding.
Trust Planning
Trusts protect personal use properties when the grantor is excluded as beneficiary.

What will you learn

Attorneys will learn how to determine foreign person status, apply FIRPTA withholding rules, make the 871(d) election, and structure investments to minimize estate tax exposure.

What will you gain

Attorneys will gain practical strategies for advising foreign clients on U.S. real estate investments, including structuring options and compliance requirements to avoid costly penalties.

Agenda

Session 1

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

Session 2

Structuring and Transfer Tax Strategies for Real Estate

clock 1:00 pm - 2:00 pm EST

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

George R. McCormick

Baker Hostetler

Nicole Green

NGG Tax Group, Inc.

This session examines U.S. federal income tax rules for foreign investors, including the critical distinction between FDAP and ECI income and the strategic 871(d) election for rental properties. Participants will learn FIRPTA withholding requirements, key compliance obligations, and practical strategies to avoid over-withholding on property sales.

George R. McCormick

Baker Hostetler

Nicole Green

NGG Tax Group, Inc.

clock 2:10 pm - 3:10 pm EST

Structuring and Transfer Tax Strategies for Real Estate

George R. McCormick

Baker Hostetler

Nicole Green

NGG Tax Group, Inc.

This session explores the significant U.S. estate and gift tax exposure facing non-resident investors, who receive only a $60,000 exemption versus the $13.99 million available to U.S. persons. Participants will compare ownership structures—from direct ownership and single-member LLCs to two-tier corporate arrangements and trusts—evaluating trade-offs between estate tax protection, FIRPTA avoidance, and income tax efficiency.

George R. McCormick

Baker Hostetler

Nicole Green

NGG Tax Group, Inc.

01 02
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

George R. McCormick

Baker Hostetler

Nicole Green

NGG Tax Group, Inc.

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, with significant expertise in cross-border tax and wealth planning.

Professional Involvement

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.

Experience

George provides general estate planning as well as advanced gift and trust planning including GRATs, IDGTs, private trust companies, charitable trusts, and life insurance strategies. He practiced law in Hong Kong for more than five years early in his legal career. He worked for the Florida Department of Revenue administering taxpayer audit appeals and advising state legislators on tax law. 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 on tax and economic policy, foreign affairs and transportation.

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, with significant expertise in cross-border tax and wealth planning.

Professional Involvement

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.

Experience

George provides general estate planning as well as advanced gift and trust planning including GRATs, IDGTs, private trust companies, charitable trusts, and life insurance strategies. He practiced law in Hong Kong for more than five years early in his legal career. He worked for the Florida Department of Revenue administering taxpayer audit appeals and advising state legislators on tax law. 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 on tax and economic policy, foreign affairs and transportation.

Nicole Green

NGG Tax Group, Inc.

Nicole is a Managing Partner at NGG Tax Group, Inc. who provides compliance, tax, and consulting services to taxpayers as well as advisory services to other firms, with expertise in US and multinational tax matters for US and Foreign nationals.

Education & Credentials

Nicole holds a master's degree in taxation and is an IRS Enrolled Agent.

Recognition & Leadership

Nicole has written articles on international tax issues as well as cryptocurrency and the tax implications of a divorce.

Experience

With over a decade of experience working in public and private firms, Nicole provides compliance, tax, and consulting services and guides US and Foreign nationals on a wide range of in-bound and out-bound transactions surrounding US tax considerations and multinational tax matters.

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Why Attend

Why this 
program matters

With $56 billion in annual foreign investment and complex tax rules including FIRPTA withholding and 40% estate taxes on non-residents, practitioners must master these regulations to protect international clients from costly tax consequences.
$56B
Total annual foreign investment in U.S. residential real estate from April 2024 to March 2025, marking a 33.2% increase from the prior year.
40%
Maximum U.S. federal estate tax rate imposed on non-resident foreign investors owning U.S. real property, with only a $60,000 exemption available.
47%
Percentage of foreign buyers who paid all cash for U.S. residential property purchases in 2025, compared to only 28% of domestic buyers.
15%
Standard FIRPTA withholding rate on gross sales price that buyers must remit to the IRS when purchasing U.S. real property from foreign sellers.

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