Transfer of non-US entity ownership to US entity for SBA

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by a searcher from London Business School
in New York, NY, USA

11mos ago

Transfer of non-US entity ownership to US entity for SBA

I'm evaluating an opportunity with multinational operations and personnel. While the majority of sales generated and personnel are located in the US with mostly backoffice operations in non-US markets, the parent entity is a non-US entity. Does anyone have experience with transferring ownership of a non-US entity to a US entity to qualify for SBA-7a? I'm sure this isn't trivial but trying to determine feasibility, level of effort, and risk factors around a potential solution to qualifying for SBA financing here.

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reply by a professional 11mos ago
from New York University in New York, NY, USA

I'd worry about 367, particularly an inbound asset transfer, which is taxable as a dividend. Can you do it? Sure. Can you do it without tax? Maybe? Happy to chat (and if anyone advises you to do it without considering the tax consequences, you should run away because they don't know how to do it correctly).

reply by a searcher 11mos ago
from University of Minnesota in Minneapolis, Minnesota, USA

Good discussion. I have wondered about this situation. Most deals on Flippa are DOA from an SBA perspective since so many are non-US. Thanks for posting Sharifa!