Tax Law Articles

Mr. Lehman believes in sharing his knowledge to those who are interested in the complex topic of United States taxation. The list of United States tax law articles below are all written by Richard S. Lehman Esq.

Domestic United States Taxation

Expatriation from the United States

  • Tax Planning for Expatriation from the United States: Tax planning is a must for all Americans who are planning to make the transition. Read full article here

Tax Inversions

  • Richard S. Lehman Esq., explains how much damage is really caused by Tax Inversions. Read article here.

FATCA, Offshore Bank Accounts & Foreign Assets, Offshore Voluntary Disclosure Program (OVDP), Streamlined Filing Compliance:

  • The FATCA takes a team. Learn the role of Lawyer and Accountant. Read full article here
  • Richard S. Lehman explains the new IRS Streamlined Filing Compliance Procedures  Read full article here
  • The concept of “Willfulness”, in the eyes of the IRS. Read full article
  • IRS announces major modification regarding the Offshore Amnesty. Read full details
  • The Foreign Account Tax Compliance Act (FATCA) Americans now required to disclose all foreign financial assets. Click here to read full article.
  • IRS Voluntary Compliance for Offshore Banking:
    On March 23, the Internal Revenue Service came up with a six month “Amnesty Program” to allow U.S. taxpayers with unreported income to disclose their foreign bank accounts without fear of any criminal tax penalties. That was then — and this is now — Mr. Lehman has found on multiple occasions that when dealing with cases such as those involved in the Amnesty Program, the taxpayer is best served by making his first few steps the right ones which include hiring the right team of counsels that include both a tax lawyer and a criminal lawyer.


IC DISC:

  • The United States Tax Benefits Of Exporting
    With export profits hard to come by, U.S. taxpayers that sell, lease or license “export property” which is manufactured, produced or grown in the United States (not more than 50% of which attributable to U.S. imports), can take advantage of strong support for their export profits in the Internal Revenue Code. Click here to read full article
  • The Export Disc Corporation – Computer Software and Internet Sales and Licenses Click here to read Article

Ponzi Scheme Tax Loss, Clawback, Refund of Losses

  • BNA Daily Tax Report: Favorable Tax Consequences Related to Ponzi Schemes and the Clawback  – download 6 page article in pdf format.
  • Taxation of the Clawback in a Ponzi Scheme
    Clawback losses are not lost directly in the Ponzi scheme.  Clawback losses are a repayment that was paid as profits or it is a payment of principal that was previously repaid to the Ponzi scheme investor. Read this full article.
  • The U.S. Government Accountability Office (GAO) is an independent, nonpartisan agency that works for Congress. Often called the “congressional watchdog,” GAO investigates how the federal government spends taxpayer dollars. They recently released the “Customer Outcomes in the Madoff Liquidation Proceeding” Download the entire 80 page report here.
  • Favorable Tax Consequences – Ponzi Schemes And The Clawback
    Most of us are familiar with the concept of the Ponzi Scheme. An investment built on phony profits that crashes and burns, financially devastating many. What is less familiar is the fact that an investor in a Ponzi Scheme cannot only lose all of their investment. Investors in Ponzi Schemes can also be forced to pay back additional moneys earned from the Ponzi Scheme years before it exploded. This is what is known as a clawback. Click here to read full article
  • Ponzi Schemes and Theft Losses – What to do if there is NO Safe Harbor?
    There are many reasons a Taxpayer victim of a Ponzi Scheme will either not fit in the Safe Harbor or will be forced to waive valuable tax rights in the event they choose the Safe Harbor. Therefore it makes sense to study how to deal with the I.R.S. if you have a theft loss and you will not or cannot use the Safe Harbor. Click here to read full article
  • The Tax Consequences of the “Claw Backs” In Madoff and Other Ponzi Schemes
    The headlines are now informing Madoff and other Ponzi Scheme victims about the most recent piece of bad news. That is the word “claw back”. In short, investors who received cash investment returns from a Ponzi Scheme in excess of the actual invested funds are being forced to pay that excess cash back. HOWEVER, THESE “CLAW BACK” PAYMENTS WILL BE TAX DEDUCTIBLE. Click here, read this article online
  • Free 50-minute web seminar hosted by veteran South Florida TAX ATTORNEY, Richard S. Lehman. This web seminar is for victims and financial professionals. Learn how recovery through the “Tax Refund” is quick and reliable. Richard S. Lehman will explain: How to best secure a tax refund from Ponzi Scheme losses; How the government has made recovery easier; What you need to know about theft losses; How to plan and implement a taxpayer Ponzi Scheme tax loss for maximum benefits now, and in the future. This on-demand presentation is free to everyone.
  • BNA: Ponzi Scheme Tax Losses. Download this 23 page article in pdf format.
  • ‘Ponzi Scheme” Reports http://www.PonziSchemeTaxLoss.com
    A series of reports focusing on the tax benefits available as a result of the Bernard Madoff fraud. These Reports are not intended to be and can not serve as legal advice to any reader. Each taxpayer has their own unique factual situation which is going to need to be reviewed by tax advisors and litigation counsel before any legal conclusions can be reached. The Reports are being made in a series form since there is still a great deal of facts to be uncovered in the Bernard Madoff fraud. These facts are going to be extremely important in coming to conclusions about tax positions.

    • Report No. 1: The Basics – Download as pdf
    • Report No. 2: A reasonable prospect of recovery – Download as pdf
    • Report No. 3: Is the Safe Harbor Worth it? – Download as pdf
    • “WEALTH & WISDOM” on PBS Station WXEL: Watch all segments
      A focus on taxation, litigation and The Bernie Maddoff Theft- Featuring prominent Palm Beach County attorneys Steven M. Katzman & Richard S. Lehman.

Settling with the IRS

  • Making The Offer In Compromise – Simple Offer in Compromise settlements are based upon the Taxpayer’s assets and overall financial situation. The worse the Taxpayer’s financial situation looks, the better the settlement with the I.R.S. The bad economy is one reason why now is the time to consider an Offer in Compromise. click here to read this article.

International Tax

Free Online Seminars for Foreign Investors

  • These seminars cover a complete range of topics dealing with legal and practical advice for foreign investors that invest in United States businesses, United States real estate and United States securities; and aliens that immigrate to the United States. This includes income, estate and gift tax planning for nonresident alien individuals and foreign entities such as foreign corporations, foreign trusts and foreign partnerships. Click here to view all seminars
  • Investing in United States Real Estate — The Basics
    A video presentation. Tax planning for the non-resident alien individual and foreign corporate investor that is planning to invest in United States real estate. These are issues that could apply to every foreigner who is going to invest in real estate and all those that are dealing with them on an everyday basis such as the real estate broker, the real estate attorney, the accountant and other professionals in the field. Click here to watch this video
  • Pre Immigration Income Tax Planning
    America continues to be the ultimate destination point for many wealthy immigrants. Some from countries with taxes higher than the U.S. but most from countries with either lower taxes than the U.S. or countries with higher taxes that for all practical purposes are circumvented to one degree or another. Click here to read full article
  • Tax Planning for Foreign Investors Acquiring Smaller ($500,000 and under) United States Real Estate Investments
    Tax planning for the non resident alien individual and foreign corporate investor that is planning for smaller size investments in United States real estate “Foreign Investor”.
    Click here to read this article in English

  • Tax Planning for Foreign Investors Acquiring Larger (One Million Dollars and over) United States Real Estate Investments The first suggestion is that today the Foreign Investor has the time to think about making your purchase and it need not be hurried but one cannot wait for all of the signs of correction before committing. The U.S. real estate market is very depressed. At the same time the U.S. real estate market will not be depressed forever and may turn quickly when it turns. Click here to read this article in English
  • U.S. TAXATION OF FOREIGN INVESTORS
    The following narrative outline is intended to provide the foreign investor, both corporate and individual, with a basic introduction to the tax laws of the United States as they apply to that foreign investor.

    • This outline has been translated in the following languages:
      French, Spanish, German, Italian, Chinese, Arabic, and now Russian.
      Click here to pick preferred language.
  • TAX PLANNING FOR FOREIGN INVESTMENT
    Knowing the right tax plan can help attract foreign investors to a domestic project.
    Southeast Real Estate Business
  • PRE-IMMIGRATION TAX PLANNING
    Safeguarding The Immigrant’s Financial Interests Prior to Residency.
    Very often immigrating residents are unfamiliar with the tax laws of the United States, that they will face upon obtaining their resident status. Often this lack of knowledge can be costly with immigrants paying unnecessary taxes and burdening themselves with liabilities. The following is a checklist of issues that may be helpful to avoid these tax problems.
    Click here, read article
  • TAX PLANNING FOR THE FOREIGN REAL ESTATE INVESTOR
    Tax Benefits and Tax Traps
    Very often Foreign Investors are unfamiliar with the federal and state tax laws that they will face when investing in United States real estate. Often this lack of knowledge can be costly with foreign investors paying unnecessary taxes. Click here, read this article
  • THE UNITED STATES A TAX HAVEN FOR FOREIGN INVESTORS AND IMMIGRANTS TO THE UNITED STATES
    South Florida Business Journal
    As times become more and more troubled, South Florida sees more than its share of immigrants fleeing dangers and coming here to stay; and foreign investors who want their money and second homes here. One concern that is often high on their list is the payment of United States Federal taxes, both income taxes and estate taxes. From a tax perspective there are both special advantages and traps for both would-be immigrants to the United States and the foreign investor. This article will look at both the traps and the advantages. Click here to read this article.
  • DOMESTIC PROFESSIONALS MUST RESPOND TO UNSETTLED TIMES IN SOUTH & CENTRAL AMERICA
    South Florida Business Journal
    Unsettled times in Argentina, Venezuela, Columbia and other regions are leading to an “immigration of the wealthy”. While racing to establish some sort of United States presence these people will need to take a lot of care and receive good professional advice if they are to avoid financial problems and delays.

ESTATE & GIFT TAXATION

  • ESTATE PLANNING IN A LOW INTEREST ENVIRONMENT
    This article is intended to make high-net-worth individuals aware of a variety of strategies to preserve assets and limit tax liability. Keep in mind that these strategies are complex and should never be implemented without the assistance and guidance of an attorney.
    Click here to read this article.
  • ESTATE TAX CHANGES 2001: TAX PLANNING AND TAX TRAPS
    South Florida Business Journal
  • CHANGE IN ESTATE TAX SHOULD RESULT IN NEW TAX PLANNING CONCEPTS
    South Florida Business Journal

INTERNET TAXATION

  • SIXTY-YEAR-OLD CASE MAY SET PRECEDENT
    Boca Raton Business News
  • BUYING IN THE WEB CAN BECOME TAXING
    Sun Sentinel News
  • INTERNET PROFITS AND THE FEDERAL INCOME TAX -TAX COMPLIANCE TRAPS FOR THE UNWARY
    Boca Raton Business News

ASSET PROTECTION

  • BUSINESS SURVIVAL CAN DEPEND ON PROTECTED INVESTMENTS
    South Florida Business Journal
    All states have exemptions to designate categories of property interests that are immune from forced sale or seizure. Florida law provides an assortment of such exemptions. Homestead and other exemptions. Click here to read this article.
  • PLANNING CAN PROTECT ASSETS AGAINST GROWTH IN LITIGATION
    South Florida Business Journal