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heech
 

Registered: Dec 2008
Posts: 1876

 

10-23-12 02:11 PM

There are no legal problems with doing this at all. Foreign investors might be the ones complaining about taxation issues (since they have to send in their equivalent of a 1040 - they have no US tax id number + deal with withholding).... But the US otherwise welcomes foreign investors, including in a Delaware LP.

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gmst
 

Registered: Jul 2011
Posts: 3695

 

10-23-12 08:12 PM


Quote from heech:

There are no legal problems with doing this at all. Foreign investors might be the ones complaining about taxation issues (since they have to send in their equivalent of a 1040 - they have no US tax id number + deal with withholding).... But the US otherwise welcomes foreign investors, including in a Delaware LP.



Hi,

I was hoping you would see this thread and be kind enough to respond. Thanks for detailed clarification. Cheers.

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zdreg
 

Registered: Oct 2003
Posts: 8330

 

10-23-12 09:37 PM

normal procedure is to set up 2 parallel LLP. one is for US investors and the 2nd is for non US investors.

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heech
 

Registered: Dec 2008
Posts: 1876

 

10-23-12 10:32 PM


Quote from zdreg:

normal procedure is to set up 2 parallel LLP. one is for US investors and the 2nd is for non US investors.


For a couple of reasons, which may not apply for all cases:

1) is the taxation issue. Many foreign investors don't want to deal with filing taxes in the US, for ANY reason.

2) regulatory issues with foreign ownership of some securities.

But in my case, since I'm a futures only fund, it's not really an issue. Futures aren't securities. Foreign investors don't have to file taxes (although they do have to submit the 1040-type form, the name of which escapes me right now)... and there aren't any regulatory issues.

But a futures-only fund isn't all that common, and some foreign investors don't want to educate themselves with the difference (and/or face the possibility of the IRS coming after them for any reason). So, having an off-shore structure might be a good idea.

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