Skip to content
DUNNOTTAR · E-2 FIELD GUIDE

Can planned future spending be treated as already invested?

Sources checked:

THE DIRECT ANSWER

No. Describe actual payments and binding commitments accurately and have their treatment assessed under the applicable rules.

Separate forecasts from present facts

A business plan may explain future development without proving that projected capital is already at risk. Do not add unsupported future amounts to the current total.

Before spending money on a purchase, confirm the investor’s citizenship using the applicable passport and determine whether that country has the relevant treaty relationship. Substantiality relates the investment to the actual cost of the specific business, while nationality, real commitment of funds, direction of the enterprise, and the non-marginality requirement must each still be satisfied. Non-marginality may rest on present or future capacity beyond a minimal living, or on significant economic contribution, so pair the pipeline with a conservative model and evidence of genuine operations. Purchase price, assumed liabilities, and the deposit balance are separate figures; present all three rather than a single headline number.

Provisions that concern consular officers include requirements for unanimous consent on operating decisions, a minority veto over hiring or spending within normal ranges, a deadlock mechanism that hands control to the minority, or a management agreement placing operations with someone else.