Receiving the USA EB-5 for investors
A client addressed us having already a negative experience of trying to make an evidence base of the origin of his capital with US attorneys, who,in principle, brought the client to a deadlock, by insisting on the presentation of income and paid taxes only from Ukraine. In this way, the client who has spent significant funds on the hours of an American lawyer, and in the end received the answer, that he cannot be qualified in this category.
The client asked for our opinion whether it is possible to take into account his income, taxed and paid not only in Ukraine, but also abroad, namely, in Switzerland and in Cyprus.
For the EB-5 program, the requirements for the origin of capital are of first priority; the matter of logistics of this capital in the USA is also important. The very matter of capital logistics brought the client and his lawyers to a deadlock.
The client was at that time a tax resident of Switzerland and held tax Cypriot companies.
Having involved the Swiss and Cypriot attorneys to the implementation of a legal assessment of the case, and having given the conclusion to the client, we were absolutely convinced, that he had confirmed the necessary capital for EB-5 visa, in addition, the transfer of capital from these jurisdictions in the United States was not limited.
In US law, however, there are no obstacles to the availability of capital and paid taxes on income from any country where the applicant pays or is a tax resident.
As a result, the client has received from us a full corporate and immigration support resulting to obtaining a permanent place of residence in the United States of America (Green Card), which was his ultimate objective.
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