Offering Legal Advice & Services to Traders | Investors | Hedge Funds U.S. Hedge Fund -- Offshore USA
Offshore Hedge Funds & Offshore Incubator Hedge Funds Starting an offshore hedge fund? The best hedge fund countries (besides the United States) are the British Virgin Islands, the Bahamas, and the Cayman Islands. The United States, British Virgin Islands, the Bahamas and the Cayman Islands are inexpensive and offer the quickest path to licensing in the world. Learn More About Offshore Incubator Funds and Learn More About Offshore Funds We offer flat rate fees and start-to-finish services. Need help? Contact U.S. Attorney Hannah Terhune for a Free ConsultationHedge funds are set up as offshore and/or onshore funds to allow for different groups of investors. Hedge fund managers who have significant potential investors from different countries create offshore funds to make it easier to blend their customer base. Many hedge fund managers use offshore hedge funds to provide financial privacy to investors.
Why the United States? Even if you are based in another country, consider forming a U.S. hedge fund. The United States offers easy, low-cost access to the legal, tax, accounting, retail and institutional brokerage services, and regulatory services needed by a hedge fund sponsor to organize a hedge fund. Despite what some investors think about the purported negativity surrounding the United States, many more investors continue to establish U.S. based hedge funds because of the minimal expenses associated with starting a U.S. hedge fund. Hedge fund sponsors (i.e., the organizer(s) of the hedge fund) based outside the United States are usually surprised and delighted to learn about the “light touch” of U.S. regulation and low costs associated with forming a U.S. hedge fund. The United States is a tax haven for foreigners. Learn More About U.S. Incubator Hedge Funds and Starting a U.S. Hedge Fund The best news of all is that U.S. hedge funds can be marketed just like retail funds as a result of a recent law change. There is no longer a ban on advertising. Learn More About Raising Capital for a Hedge Fund This puts the United States at the top of the list as one of the best countries for hedge funds. Contact Hedge Fund & International Tax Attorney Hannah Terhune
Foreign Owned U.S. Disregarded Entities Recently the U.S. Treasury issued regulations to require foreign-owned, single member U.S. limited liability companies (SMLLC) to disclose ownership to the U.S. Internal Revenue Service (IRS). The new regulations require the collection and data and do not impose a tax. The rules issued under Internal Revenue Code Section 6038A require foreign-owned SMLLCs to file Form 5472. Form 5472 is required when a single non-US entity or individual owns 25% or more of a U.S. corporation. The regulations are effective as of December 13, 2016. However, the Form 5472 portion of the regulations applies to taxable years of foreign-owned disregarded U.S. entities beginning after December 31, 2016 and ending on or after December 13, 2017. If a foreign-owned disregarded U.S. entity terminates before December 13, 2017, the U.S. entity would not need to file a 2017 Form 5472. Under the rules, these SMLLCs are treated as "corporations" for purposes of Internal Revenue Code Section 6038A. The penalty for failure to file Form 5472 is $10,000 per year and filing a substantially incomplete Form 5472 constitutes a failure to file with the result that the penalty can be imposed. Therefore filing the form but omitting information is viewed as a failure to file. Incremental penalties of $10,000 are imposed if the failure to file continues past 90 days after notification is sent by the IRS--there is no ceiling on the total penalty amount.
This notwithstanding, the U.S. remains a tax haven - see See World's Favorite New Tax Haven Is the United States. The United States has long been viewed as a tax haven for foreigners. While the United States requires foreign countries to report financial account information (i.e., under FACTA) about U.S. persons to the IRS, it provides nothing in return. The United States also refuses to sign on to the Common Standard on Reporting. U.S. financial institutions report to the IRS bank deposit interest payments paid to nonresident individuals.
U.S. SEC Offshore AlertThe U.S. SEC's 134-page report published in 2003--The Implications of the Growth of Hedge Funds--presents the status of the hedge fund industry as viewed in the United States. What is interesting about this SEC Report is that articles and web content authored by our very own hedge fund attorney Hannah Terhune, JD, LLM (Taxation) (when she was the Chief and only Attorney at GreenCompany.com) on offshore hedge funds was cited on page 10 of the U.S. SEC Report as providing information the SEC Staff found to be valuable in its understanding of the hedge fund industry. For a decade, hedge fund attorney Hannah Terhune has been counted on by the U.S. government and hedge fund organizers worldwide as a source of cutting edge and practical information on hedge fund formations.
You will see from this web site that we supply more information about hedge funds than most books do on the subject. It's great to see that Hannah Terhune's expertise is appreciated by the SEC! This is quite a coup for Hannah, and provides one more piece of evidence as to how she can help you. You can reach her today at email@example.com or at +1 (307) 413-2212 or on Skype at: CapitalManagementServicesGroup.
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Capital Management Services Group, Inc. is recognized by discriminating persons as being one of the foremost legal authorities in the hedge fund industry. Ms. Terhune's numerous articles on hedge funds and international tax matters have appeared in publications worldwide. Read Our Leading Media Content and Articles by Hannah Terhune on Hedge Funds and International Tax Planning, Chances are, if you have read anything related to starting a hedge fund, Ms. Terhune wrote it. Read Our Client Comments and Read About Hannah Terhune on LinkedIn. When you engage us you get a unique combination of securities, tax, and business experience. Give us the opportunity to use our knowledge and experience for you. No client is too large or too small for us. We pride ourselves in providing personal attention to each Client. We provide high quality services at competitive rates. But don't take our word for it, give us a call and let us prove what we can do for you.