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It depends on the objectives and characteristics of the situation, but especially on the intended investment assets. The ideal legal vehicle for each transaction is not the same if you want to invest in a business, buy a property, or buy shares and debt, if the investment is for personal or commercial use, etc. Nevertheless, in general, the best way to invest in the U.S. is not to do it in your name or directly but through legal entities or companies, or through a trust. The latter could be U.S.-foreign trust which means that the trust is considered domestic and foreign at the same time, if the beneficiaries are not U.S. citizens or residents and some of the trustees’ duties can be shifted off-shore, or a purely domestic trust if the beneficiaries or heirs are U.S. citizens or residents.
The bigger number of assets involved and their difference in nature, if the beneficiaries are of different nationalities and residencies, this shall require more studying and analysis in order to achieve the client’s objectives.
If the client also requires privacy, the situation requires even more sophisticated and additional analysis and planning, particularly if their country of residence is a member of the Organization for the Economic Co-operation and Development (OECD) and the client is subject to the automatic exchange of tax information rules called “Common Reporting Standard” or CRS, as well as the regulations under the “Foreign Account Tax Compliance Act” or FATCA.
In conclusion, the best way of investing in the U.S. is creating a strategy based on a “trust” or a foreign corporation prior to investing that achieves the client’s desired objectives and using all the available legal resources to accomplish it.
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