Publications

Articles

Articles published by Jacob Stein. 

A Lawyer’s Guide to International Taxation Part II

California Business Law Practitioner Volume 30 / Number 2 - Spring 2015
Jacob Stein

A Lawyer’s Guide to International Taxation Part II

Part I of this article addressed inbound taxation, including income taxation , FIRPTA, estate and gift taxation and various ownership structures for foreign investors. This part II addresses outbound taxation (including taxation of controlled foreign corporations, foreign trusts, and passive foreign investment companies; the foreign tax credit; and IC-DISCs) and expatriation.

 

A Lawyer’s Guide to International Taxation Part I

California Business Law Practitioner Volume 30 / Number 1 - Winter 2015
Jacob Stein

A Lawyer’s Guide to International Taxation Part I

Our journey begins with a misnomer, "International taxation." The body of law addressed in this article has nothing to do with international taxation. There will be no discussion of the French VAT, the Italian IRPEF, or the Swedish PAYE. What is commonly referred to "international taxation" deals entirely with U.S. taxation - more accurately, U.S. taxation of cross-border transactions. 

 

Structuring Foreign Investment in the United States

Bulletin for International Taxation, February 2015
Jacob Stein

Structuring Foreign Investment in the United States

Inward US investment is typically motivated by the benefits of fiscal transparency, a well-developed political and legal system, economic stability, and the absence of currency controls, as well as the need for privacy, asset protection and minimal worldwide taxation.

 

Foreign Investors Beware: Attribution of U.S. Trade or Business Through U.S. Agents

Journal of International Taxation
Jacob Stein

Foreign Investors Beware: Attribution of U.S. Trade or Business Through U.S. Agents

Foreign Investors, almost uniformly dislike paying U.S. taxes and filing U.S. tax returns. In many countries, for cultural, political, or personal safety reasons, privacy is paramount. Disclosure of one's financial affairs to any government is viewed as risky and something to avoid. Taxation of income earned in the U.S. may be unavoidable, and many foreign investors recognize that. With proper planning, it is possible that the U.S. -sourced income, while taxed by the U.S. at the corporate level, will not be taxed to the foreign investor personally. It is also possible that the foreign investor will avoid U.S. tax return filing obligations.

 

Taxes Across Borders - A Guide to Foreign Investment in California Real Estate

California CPA Magazine, September 2013
Jacob Stein

Taxes Across Borders - A Guide to Foreign Investment in California Real Estate

While a non-resident alien (NRA) desiring to invest in US. real estate property typically has many goals, such as liability protection and privacy,the main     concern   is to minimize worldwide income and estate tax liability.

 

The Tax Guide to EB-5 Investment in the United States

EB5 Investors Magazine, October 2013
Jacob Stein

The Tax Guide to EB-5 Investment in the United States

A foreigner desiring to invest in a U.S. business or joint venture has many goals, including privacy, liability protection and the need to minimize world-wide income and estate tax liability.  EB-5 investors are also concerned with the tax planning that needs to take place before the investor is granted permanent residence status in the United States.

 

The Use of Entities in Structuring Foreign Investment

Business Entities, March/April 2013
Jacob Stein

The Use of Entities in Structuring Foreign Investment

International political uncertainty has continued to lead foreign investors to the U.S. The U.S. is politically and economically more stable, legally and fiscally transparent, and it imposes no currency controls. Various entity choices exist for investors.

 

Tax Planning for Foreign Investment in California Real Estate

LA Lawyer, January 2013
Jacob Stein

Tax Planning for Foreign Investment in California Real Estate

THE RECENT CONFLUENCE of falling U.S. real estate prices and a weaker dollar, together with the flight of capital from Russia and China, has produced a significant demand for real estate in California, Florida, and Manhattan among foreign investors. This demand is fueled by the global perception that the United States is politically and economically stable (or at least more stable than the alternatives), has a transparent legal system that makes it easy for foreigners to invest in real estate and imposes no currency controls, making it easy to divest.

 

Expand Choices by Creatively Unwinding Irrevocable Trusts

Estate Planning, December 2012
Jacob Stein

Expand Choices by Creatively Unwinding Irrevocable Trusts

Despite what its name implies, an irrevocable trust may be subject to change or termination through the implementation of various strategies.

 

Jacob Stein Published in The Daily Journal

Daily Journal, December 2010

Jacob Stein Published in The Daily Journal

The Emotional Consequences of Asset Protection
This year has been an emotional rollercoaster for our clients. As asset protection attorneys, we represent a great many people facing financial adversity. Our clients often come to us in a very depressed and disturbed state of mind. It is hard not to get emotionally involved in their problems…

 

Jacob Stein Interviewed by Robb Report

RobbReport.com, September 2010

Jacob Stein Interviewed by Robb Report

RobbReport.com speaks with asset protection specialist Jacob Stein, Esq. of Klueger & Stein, LLP in Los Angeles about the importance of protecting valuable assets, such as your private residence, rental real estate, investments and retirement plans.

 

McCourt Divorce Shines A Light on Asset Protection

Los Angeles Daily Journal, September 2010
Jacob Stein

McCourt Divorce Shines A Light on Asset Protection

Asset protection has significantly gained in prominence over the past few years. The declining fortunes of real estate developers and investors facing personal guarantee calls, coupled with business owners teetering on the verge of bankruptcy, resulted in a boom for this industry.

 

Asset Protection May Risk Fraudulent Transfer Violations

Estate Planning, August 2010
Jacob Stein

Asset Protection May Risk Fraudulent Transfer Violations

Last-minute asset protection planning can frequently run afoul of the fraudulent transfer laws. This article will help advisors determine when a transfer may be “fraudulent” and what would be the likely consequences of such a transfer to the client and to the attorney.

 

Tilting at Windmills

Business Entities, May/June 2008
Jacob Stein

Tilting at Windmills

California’s Treatment of A Foreign Jurisdiction’s Series LLCs.

 

California Registration Requirements for Foreign LLCs

California Tax Lawyer, Summer 2008
Jacob Stein

California Registration Requirements for Foreign LLCs

The question of California registration comes up often when foreign limited liability companies are used as holding companies for California legal entities, or own passive assets in California like bank accounts and non-income producing real estate.

 

Legal Strategies to Protect Your Properties

Real Estate Investor, October 2007
Jacob Stein

Legal Strategies to Protect Your Properties

Most plaintiffs and creditors simply give up the chase when confronted with an asset protection structure.

 

Asset Protection as a Line of Defense

Real Estate Southern California, September 2007
Jacob Stein

Asset Protection as a Line of Defense

Developers and investors will always be targets of lawsuits. The only way to change that is by removing a plaintiff’s financial motivation.

 

Asset Protection for Orthodontists

OrthodontlcProductsOnline.com, April/May 2007
Jacob Stein

Asset Protection for Orthodontists

Although orthodontists represent only 7% of all dentists in the United States, they face a disproportionately large number of malpractice lawsuits. This is true for anyone in the medical field who performs a large number of procedures.

 

Asset Protection for Doctors

Plastic Surgery Products Magazine, February 2007
Jacob Stein

Asset Protection for Doctors

This article provides a comprehensive overview of asset protection for doctors. It focuses on the most practical asset protection strategies and examines the most commonly used structures. For each asset type, different alternatives are discussed and compared.

 

The Importance of Trusts in Asset Protection

California Trusts and Estates Quarterly, Winter 2007
Jacob Stein

The Importance of Trusts in Asset Protection

In this well-received article, Jacob Stein examines the crucial role that trusts play in asset protection and advises on how trusts should be drafted to maximize their asset protection effectiveness. The article also includes a thorough examination of foreign trusts and recent cases in that arena.

 

A Practical Take on Charging Orders

RIA, Business Entities Magazine, September/October 2006
Jacob Stein

A Practical Take on Charging Orders

One of the most comprehensive articles ever written on charging orders. The article examines charging order history, variances in state laws, uniform laws and various concerns.

 

Advanced Asset Protection and Tax Planning with LLCs

Los Angeles Lawyer, June 2006
Jacob Stein

Advanced Asset Protection and Tax Planning with LLCs

In this exhaustive article, Jacob Stein examines such issues as LLC charging orders, series LLCs, foreign LLC structures, drafting issues and tax planning concerns. This article is an exhaustive reference on many LLC issues.

 

Planning With LLCs

California CPA, August 2005
Jacob Stein

Planning With LLCs

From the time limited liability companies came into prominence, practitioners have been working to maximize their asset protection, business flexibility and tax advantages, among other benefits.

 

Tax-Free Exchanges and Fractional Interests: TICs, Tax, Go!

Orange County Lawyer, August 2003
Jacob Stein

Tax-Free Exchanges and Fractional Interests: TICs, Tax, Go!

Jack was fast approaching his “golden” years, and following the advice of his attorney/CPA/financial planner was looking to diversify his only asset, a 30,000 square-foot shopping center. Having made his living off real estate, Jack was not interested in pork belly futures, blue-chip stocks or aircraft leases; hewas looking to diversify into real estate.