When One Filing Is Current, Another May Not Be
An unreported foreign account, a growing stake in a controlled foreign corporation, a foreign parent’s first U.S. real estate acquisition, or a family trust holding assets abroad can turn a routine engagement into a technical problem fast. FBAR, FATCA, Form 5471, Form 8865, and the Form 3520 series each carry separate thresholds and separate deadlines, and satisfying one does nothing to satisfy the others.
Erik Lincoln brings a dual JD/CPA credential, decades of combined experience as a former Big Four Senior Tax Manager at Ernst & Young and a former BigLaw equity partner at Moore & Van Allen, and admission to the U.S. Tax Court to every international tax matter our firm reviews. He has been recognized by Super Lawyers, named to Best Lawyers in America, and honored on Business North Carolina’s Legal Elite list for tax.
Lincoln PLLC handles international tax matters for U.S. based businesses, real estate investors, private funds, and foreign investors coming into the United States. We review the full reporting picture rather than one form in isolation, so a client current on one filing is never left exposed on another. Our tax law team also handles the cross-border M&A matters and S corporation questions that often accompany this work.
Areas of International Tax Counsel
We support U.S. businesses, investors, and foreign persons across every stage of a cross-border matter.
FBAR and FinCEN Form 114 Compliance
The FBAR is filed whenever the aggregate value of a person’s foreign financial accounts exceeds $10,000 at any point during the year. For non-willful violations, the Supreme Court held in Bittner v. United States that the penalty applies per annual report rather than per unreported account, which changes the exposure arithmetic on multi-account cases dramatically.
FATCA, Form 5471, and Form 8865 Reporting
FATCA reaches a wider category of assets than the FBAR, Form 5471 applies to U.S. officers, directors, and shareholders of foreign corporations, and Form 8865 applies to certain U.S. interests in foreign partnerships. A client can be fully current on one and exposed on another.
Foreign Trusts, Form 3520, and 3520-A
Forms 3520 and 3520-A apply to foreign trusts and to large foreign gifts. We review the full reporting picture across all of a client’s foreign holdings rather than one form in isolation.
CFC Planning and the Section 962 Election
The regime historically known as GILTI is now net CFC tested income under the One Big Beautiful Bill Act. A Section 962 election can unlock the corporate rate and the Section 250 deduction for individual CFC owners, though the benefit is frequently a timing shift rather than a permanent one.
International Tax Counsel for Every Stage of Cross-Border Structuring
Lincoln Tax & Business Attorneys help U.S. and foreign clients manage reporting, withholding, and structuring across the full cross-border picture.
FIRPTA and U.S. Real Property Withholding
FIRPTA governs the disposition of a U.S. real property interest by a foreign person, and Section 1446(f) applies a parallel withholding regime to certain partnership interest transfers.
- Section 897 and 1445 withholding on real property dispositions
- Reduced rates and withholding certificate procedures
- Section 1446(f) withholding on foreign partner transfers
- Fund secondaries and admission-and-redemption transactions
Effectively Connected Income and FDAP Withholding
We determine whether a foreign person is engaged in a U.S. trade or business and how FDAP withholding and documentation apply to U.S.-source income paid to them.
- FIRPTA withholding on U.S. real property interests
- Permanent establishment and treaty-based deal structuring
- Section 1446(f) withholding on foreign partner transfers
- Post-acquisition international reporting
Blocker Structures and Fund-Level Planning
Foreign investors in U.S. funds and U.S. real estate frequently need a corporate blocker to prevent ECI or unrelated business taxable income from flowing through to them directly.
- Blocker corporation structuring and Section 163(j) interest limitation
- Portfolio interest exemption under Section 871(h)
- Sovereign wealth exemption under Section 892
- Branch profits tax under Section 884
Correcting Delinquent Foreign Filings
A meaningful share of the international work we take on begins with a client who did not know a filing obligation existed.
- Streamlined Filing Compliance Procedures eligibility
- Delinquent international information return procedures
- Reasonable cause for Section 6038, 6038A, or 6048 penalties
- Monitoring ongoing penalty assessment litigation
Put Experience on Your Side
Erik Lincoln has been recognized by Super Lawyers across multiple years and Business North Carolina’s Legal Elite, and works with CPAs and attorneys nationwide from Lincoln PLLC’s Charlotte headquarters. If you are structuring or evaluating a business transaction, schedule a consultation to discuss the tax due diligence your deal need’s.