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Foreign Investment: Types, Risks, Costs, Tax Considerations

This page explains foreign investment, its types, legal considerations, and how a lawyer from ContractsCounsel can help you with it.

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What Is Foreign Investment?

Foreign investment is when you put capital into companies or assets residing in other countries to achieve financial goals, such as earning profits and diversifying your financial portfolio.

There are various types of foreign investments to know about so you can choose the one that’s right for you.

Read the rest of this article to explore foreign investment:

  • Foreign investment types
  • Pros and cons of foreign investment
  • How foreign investments work
  • Special risks of foreign investment
  • Costs
  • Tax considerations
  • How a lawyer can help

What are Common Foreign Investment Types?

There are two main types of foreign investment.

  • Direct foreign investments. Investors buy a physical asset in a foreign country, usually with some ownership or control.
  • Indirect foreign investments. Investors purchase assets, such as stocks, in foreign companies without ownership.

There are three types of direct foreign investments:

  • Horizontal foreign direct investment. A company maintains the same management of an operation, but the investments are made through mergers and acquisitions, franchisers, and others. The company will extend the same business they’re involved in in another country.
  • Vertical foreign direct investment. A company will invest in a foreign company at different stages of the supply chain, such as supplier or distributor.
  • Conglomerate foreign direct investment. This involves a company making investments in a foreign country in a totally different industry to theirs.

What are the Pros and Cons of Foreign Investment?

There are various advantages and challenges/drawbacks involved in foreign investment. These include the following:

Pros

  • Companies investing in foreign countries can increase their market size.
  • They’ll increase their economic growth and opportunities.
  • They can create more jobs.

Cons

  • There can be costly initial expenses, such as upfront capital or related to infrastructure.
  • There are communication risks, which could create obstacles to business operations.
  • There’s a risk of instability, such as in terms of foreign economic uncertainty.

How Does Foreign Investment Work?

There are various types of foreign investments if you’re interested in taking your money outside of the U.S. Here are some to consider.

American Depositary Receipts (ADRs)

ADR makes it easy for investors to purchase shares in foreign companies. When you own an ADR as an investor, you essentially own a certificate that represents your shares and you can benefit from dividends.

Mutual Funds

These have to be U.S. registered funds. They can diversify your portfolio and are governed by U.S. regulations to protect investors. There are various types of mutual funds:

  • Global funds. These funds invest in foreign companies but sometimes they do involve companies based in the U.S.
  • International funds. These investments are restricted to companies located outside of the U.S.
  • Country funds. These focus on companies that are located in a certain region, such as Europe. They can also be limited to investments in one country.

U.S. Registered Exchange Traded Funds (ETFs)

These funds provide benefits that are similar to mutual funds. They’re listed on the stock exchange and trade with variable prices.

What are Special Risks of Foreign Investment?

Although all investments can be risky, foreign investments have special risks to know about.

  • Exchange rate changes. The fluctuating exchange rate can influence your investment return, either by increasing or decreasing it.
  • Market value changes. Foreign markets can have market value variations, which is why investing for the long term is advisable to ride out the market’s highs and lows.
  • Political and social events. These could be unknown to the investor but could influence the market.
  • Liquidity risks. Some foreign countries are limited when it comes to their listed companies and trading hours, which could create challenges for investors.
  • Lack of information. There could be a lack of information available about foreign companies, which the language barrier could intensify.

Are International Investments Costlier than U.S. Investments?

International investments can involve more expenses than similar U.S. investments, but it depends on how they are held and managed. When investing globally, you might have to pay additional fees, such as premiums to buy shares or broker’s commissions. There’s also currency conversions to consider.

What are the Tax Considerations of Foreign Investments?

When investing globally, this could involve being taxed on foreign income. Costs aside, you’ll also have to ensure you stay compliant with all tax regulations. Here are two tax-related rules and considerations to bear in mind.

Passive Foreign Investment Company (PFIC) Rules

Some foreign companies that mainly create passive income are called PFICs. Many non-U.S. investments are classified as PFICs. When investing, you might have to pay interest charges on deferred tax amounts. You’ll also have to submit forms to the IRS and ensure ongoing compliance in the form of annual reporting.

Tax on Global Income

In the U.S, you’ll have to pay taxes on global income. This includes dividends from foreign corporations and capital gains from selling foreign assets. To help you out, you could claim a Foreign Tax Credit (FTC) by submitting IRS forms, but it does have limitations.

Foreign Compliance Duties

Depending on your foreign investments, you might have to comply with certain reporting obligations. If you don’t, you risk facing penalties and fines.

Should You Hire a Lawyer for Foreign Investment?

It’s highly recommended to hire a lawyer if you’re investing globally. Lawyers know all the tax laws to ensure you stay compliant with all foreign and U.S. securities laws. They’re also knowledgeable about global income tax and PFIC rules, so they’ll give you comprehensive guidance.

They’ll also:

  • Work with other professionals, such as tax advisors, on your behalf.
  • Help you with filing all required IRS documents on time.
  • Structure your investments to protect you against hefty double taxation.
  • Protect you against disputes.
  • Review all foreign investment documents and agreements.

Where Can You Find a Lawyer for Foreign Investment?

If you need legal guidance when considering a foreign investment, you should reach out to a reliable, professional lawyer. Hire a lawyer on ContractsCounsel, an online legal network that connects clients to lawyers who have been vetted on the platform.

They have the legal expertise and experience to assist you through all aspects of foreign investment to ensure you remain compliant and avoid making mistakes that can cost you legally or financially.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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