How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109641
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
9200179
Type Your US Law Question Here...
Guillermo Senmartin is online now

Can I purchase outright a retirement home in Florida USA as

Resolved Question:

Can I purchase outright a retirement home in Florida USA as a permanent residence. At present I live in the Uk. and have sufficient funds for my retirement ?? What visa will I require and can I travel in and out of the states on a not to regular basis?? Many thanks for an early response.
John.
Submitted: 3 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 3 years ago.

Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.

Unfortunately, there is no retirement visa available nor is there a visa that allows you to just invest in buying a retirement home to let you just live in the U.S. How long do you plan to stay in the U.S. out of every 12 months? Do you have money to invest in an active business? How much?

Expert:  Guillermo Senmartin replied 3 years ago.
Did you have an issue responding? Sometimes a response does not go through. I am looking for an alternative for you but I need for you to respond please so I can help you and I do want to help you. How long do you plan to stay in the U.S. out of every 12 months? Do you have money to invest in an active business? How much?
Customer: replied 3 years ago.

Guillermo. Good afternoon. Many thanks for your response to my questions. If I get a visa for America and purchase a property when I am over there for cash, can you please answer my following questions ;;
1. How long would the initial visa be for.2. What would be the shortest time that I would have to be out of the country before I could return for a further stay.3. What would be my tax situation regarding the property and my stays.
4. If I had to sell the property at some future date what would be the tax situation on the sale receipts.5. I do not wish to purchase any business An urgent reply would be appreciated.

Expert:  Guillermo Senmartin replied 3 years ago.

Well, there is no visa specifically to buy property. So the only one that really fits is the B-2 tourist visa. That would allow you to stay in the U.S. for up to 6 months and you can extend it for up to 6 more months for a total of 1 year without having to leave the U.S. As far as how long you would have to leave before coming back, the law only says that in order to “reset” the time given on a B-2 visa, you can go anywhere in the U.S. for one day and come back except Mexico, Canada or any of the adjacent islands to the U.S. If you go to one of those, you would have to go for 30 days or more to “reset” the time. The problem with doing that is that you may get away with it one, or twice, but at some point you need to start spending more time outside of the U.S. than inside of the U.S. That would be the general rule. So if you spend 6 months, you should probably stay out 7 months or more. If you stay 1 year in the U.S., you may want to stay out of the U.S. for 14 months or more. It’s not a specific rule, but a general idea because you cannot give the impression that you are living in the U.S. and just leaving to reset your time. I will provide you with two links that may be helpful. The first is to an article that will explain what they look for when issuing a non-immigrant visa like the B-2. The second is a list of things that can be presented to prove non-immigrant intent and the strong ties to the home country.

http://www.ilw.com/articles/2009,0528-schwartz.shtm

https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf

As to tax consequences, I am not an accountant and cannot really tell you much about that, but if you are spending more than 183 days in the U.S. out of any year, you would be subject to U.S. taxes. Here is a link:

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

There may be a tax treaty between the U.S. and the UK to prevent double taxation but you would need to speak to an accountant about that.

As far as selling the property, the tax consequences would most likely be high due to capital gains unless you purchase another property within a certain amount of time after the sale. Again, you would need to speak to an accountant to know more.

Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.

Expert:  Guillermo Senmartin replied 3 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 3 years ago.

Hello Guillermo. Many thanks for your very detailed response to my many questions. Your advice was very helpful to me in coming to a decision re the purchase of a property and residence I the USA. It appears that without a green card to chance of going in and out of the States on a regular intervals would prove unwise and difficult

Your sound advice helped me to come to my final decision for

which I am most grateful.

With very best regards.

John.

Expert:  Guillermo Senmartin replied 3 years ago.
You are very welcome, John. Please do not forget to rate me positively so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!
Guillermo Senmartin and other US Law Specialists are ready to help you