03

Structure & taxes

Educational content. Every case is confirmed by licensed counsel and accountants on both sides before any capital moves.

A concrete wall cast in timber forms, a diagonal band of light across it
Where the money sits

Your money never passes through an account of ours or the builder's. It goes from your account in your country to the account of the company that is yours, in the United States, and the build is paid from there. You sign, you follow it, you own it.

Who gets paid, and in what order

The order is in the contract before you sign. The figures for a specific deal are presented one-on-one, after qualification — what is here is the mechanism, which holds for any build.

  1. 1The build is paid firstLand, construction, builder fee, contingency, taxes and insurance.
  2. 2Ponte Norte charges the management feeA fixed percentage of the construction cost, stated in the contract.
  3. 3The investor receives the preferred returnBefore Ponte Norte shares in anything left over.
  4. 4Whatever is left above that is split between investor and Ponte NorteThe split is in the contract, and does not change after signing.

Ponte Norte only shares in the result after the investor has received theirs.

The two ceilings

Before buying land, we calculate the highest price at which every party still gets paid — investor, builder and Ponte Norte. Above that price, we do not buy. The same holds for the construction budget.

What Ponte Norte does not do

  • Does not guarantee a return.
  • Does not publish projections.
  • Does not put investor money into a build without a closed budget.

One company per property

The house is held in the company’s name, not a person’s. At exit, either the company is transferred or the property is sold and the company wound up. That keeps title clean and the exit simpler.

More than one investor

When two or three investors go into the same property, the business account requires the joint signature of all of them. Nobody moves money alone, ourselves included. Each investor takes part in the decisions — this is not a fund and not a passive investment.

US estate tax — the point almost nobody explains

The point almost nobody explains: US-situs assets can face estate tax of up to 40% above an exemption of only US$ 60,000 for non-residents. That is why the structure comes before the investment.

Owning a US company directly does not solve this on its own. There are structures that do, and they have to be decided before the investment, not after. It is the first thing we take to the attorney in your case.

Source of funds

The bank will ask for traceability — where the money came from, a property sale, a company distribution, whatever it was. This is not pointless bureaucracy: it is what protects the investor and the operation. Smaller banks decide on relationship and on the track record of whoever builds; large banks tend to be more demanding even at better rates.

The taxes in your country

What you declare changes completely depending on where you live. We do not give local tax advice and will not pretend otherwise. We coordinate with an accountant in your country and hand over the documents and statements he needs, in the format he asks for.

United States

EventDefault treatment for a non-residentPlanning lever
Rental incomeFDAP: 30% on gross rent, no deductions§871(d): net-basis taxation, with depreciation
Operating profit through an LLCECI: withholding on the allocated profitA structure that removes the personal position
Sale of the propertyFIRPTA: 15% withheld on the gross priceWithholding certificate (Form 8288-B)
Death of the investorEstate tax of 40% above a US$ 60,000 exemptionA structure decided before the investment
Tax documentsThe company issues the annual statements of what was paid and withheldW-8BEN on file from the start

Your country of residence

ItemTreatment
Income from a foreign investmentTaxed under the rules of the country where you live
Declaration of assetsReported as your country requires, at the cost basis it recognises
Foreign asset reportingMany countries require it above a threshold, with their own deadlines and penalties
Cost of the transferYour country may levy a tax or cost on the outbound transfer
Controlled foreign entitySome countries tax the profits of a company you control abroad

Glossary

The acronyms on this page, in plain words.

LLC
Limited Liability CompanyThe US company type used for each property: limited liability, with profit taxed at the owner.
FDAP
Fixed, Determinable, Annual or Periodical incomeHow the IRS treats a non-resident’s passive income: full rate on the gross amount, with no deductions.
ECI
Effectively Connected IncomeIncome tied to a US trade or business. Taxed on profit rather than on gross receipts — but it requires filing there.
§871(d)
Section 871(d) of the US tax codeThe election to be taxed on the property’s net income rather than on gross receipts. Once made, it is permanent.
FIRPTA
Foreign Investment in Real Property Tax ActThe law requiring part of the price to be withheld when a non-resident sells US real estate. The withholding is an advance, not a final tax.
W-8BEN
Form W-8BENThe declaration that the holder is not a US resident. Without it, withholding applies at the maximum rate.
EIN
Employer Identification NumberThe US company’s tax number with the IRS.

Who does what

What Ponte Norte does

Coordinates the structure, runs the build, measures, photographs and accounts for what it spent.

What depends on a third party

Company formation (attorney), bank account and credit (bank), taxes (licensed accountants in both countries).

What is yours

Signing, wiring the money from your own account, filing in your own country.

Not ready to invest in a build yet?

Some people need the structure first: a US company, the EIN, a bank account and a compliance calendar. That is a separate service, with published pricing.

See the advisory service →