Forensic Exposure Diagnostic
Granular analysis of cross-border holdings, moving beyond the Triage Assessment scorecard to map specific liabilities within PFIC, CFC, and Foreign Grantor Trust regimes, identifying the precise roots of regulatory risks.
How It Works
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Step 1
Tell me about your investment. A short intake describing your fund, subscription date, amount, holding period, and any redemptions or distributions.
If you started with a Triage Assessment, we’ll begin at Step 2.
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Step 2
Share your documents and authorize data access. Upload whatever fund documents you've received. Acquire the fund's books and records on your own using the checklist I provide, or leave it to me and execute a limited Letter of Authority so I can request additional fund records on your behalf using your books-and-records inspection rights as a fund unit owner.
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Step 3
Receive your Forensic Exposure Diagnostic. Your comprehensive personalized report documents what I found, what it means for your specific U.S. obligations, and what decisions it puts in front of you. From there, you and your tax advisor determine your next steps.
Briefings are available for CPAs and counsel.
What We Examine
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1. Your Investment Documents
The documents supporting the investment, provided by the investor via our secure upload portal.
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2. Material Conditions of Subscription
The representations made at the time of subscription, and conditions related to the investment.
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3. Publicly Available Data
The fund's publicly available material including marketing material and regulatory status.
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4. Fund PFIC AIS
The fund's PFIC Annual Information Statement to determine whether it appears to meet U.S. requirements to support a QEF election.
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5. Books and Records
The fund’s cap table, regulations, and portfolio assets to assess structure and test for status as U.S. Shareholders of a Controlled Foreign Corporation.
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6. Fund Portfolio Assets
The fund's portfolio structure and holdings to determine whether there are portfolio assets that require separate reporting for U.S. tax compliance.
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7. Custody Arrangements
Whether the custody arrangements for the investor’s fund units expose the investor to foreign trust reporting obligations and whether they comport with ERISA law, where applicable.
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8. IRA and ERISA Laws, if applicable
Whether prohibited transaction rules, which extend beyond self-benefit, were triggered by an SDIRA-funded investment and how this interacts with relevant cross-border tax regimes.
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9. U.S. Regulatory Posture
Whether the offer, sale, and ongoing management of the fund interest complies with U.S. securities laws and what recourse is available to U.S. investors based on their holding period.
U.S. investors deserve clarity, competence, care, and compliance.
You didn’t create this problem. Misleading marketing practices, fund structure, gaps in reporting, and the professional infrastructure around it created this problem. But under U.S. tax law, the consequences land on you unless you act. The window to mitigate them is limited.