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Old 07-21-2005, 05:04 PM
Sovereigneer
 
Posts: n/a
Selling an Interest in a failing foreign investment...

I have a question regarding a foreign investment that is failing. I'm involved with a group of folks involved in a foreign investment that currently hasn't paid out for several months after doing fairly well...

The folks feel that the investment "might" turn around and are looking to "sell" their investment positions to an IBC that is willing to buy them on a "deferred payment" basis. The IBC is proposing to buy these positions at a very low price at fractions of a penny on the dollar in order to legally change the ownership of the positions to the IBC. The contract for sale is being proposed as a sort of "deferred payment" contract where, for a token initial payment (perhaps $25 or $50 per position), the IBC will finalize the balance due on sale IF/WHEN the investment becomes fruitful again by using the earnings from the positions to complete the payments. The main benefit to the original owners is that the investment gets placed into an offshore entity THEY don't own while the investment is still well devalued... The IBC will really serve as the "receiver" and holder of these positions while the investment goes through the stages of making a "comeback".... After the "comeback", the original owners would establish their own offshore trusts and then have the IBC (again, not owned by THEM) transfer the ownership of their former respective investment positions back into their new offshore trusts.... At least that is the plan....

My question is.... What is the acceptability of a "deferred payment" contract for the tax purposes of the original position owners or is there even any such animal recognized in business? Would such a "sale" likely be accepted by the taxman with this "deferred payment" contingency?

Any help is appreciated!!
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