Tax

International Tax

We have worked on international tax-planning strategies and cross-border transactions across several jurisdictions, including the United States, Australia, Asia, the United Kingdom, and Europe. We regularly advise on issues such as:

• Structuring
• Dual consolidated losses/tax losses
• Maximum utilization of foreign tax credits
• Subpart F taxation 
• Transfer pricing
• Value-Added Tax (VAT) and Goods & Services Tax (GST)
• Passive Foreign Investment Company (PFIC) rules 
• Sourcing of income

Corporate and Transactional

Having been recognized as “Law Firm of the Year” in the area of corporate law in the 2022 edition of U.S. New-Best Lawyers^® “Best Law Firms” report, our team of corporate and tax lawyers has earned a well-deserved reputation for handling a variety of tax and business-related matters associated with transactions. These include planning, negotiation, and implementation of:

• Mergers and acquisitions 
• Public and private offerings 
• Leveraged buyouts 
• Joint ventures
• Reconstructions and demergers 
• Recapitalizations and restructurings 

In addition, we have substantial experience in obtaining private letter rulings from tax authorities around the world, including the IRS National Office, the US state tax authorities, HM Revenue & Customs in the United Kingdom and the Australian Taxation Office.    

Real Estate/Commercial Lending

Financial institutions and other lenders turn to our tax lawyers for counsel in connection with such matters as: 

• Loan and credit agreements 
• Imputed interest
• Original value discount
• Tax liens and levies
• Tax withholding obligations
• Cancellations of indebtedness
• Tax liabilities of borrowers
• Tax issues associated with established and emerging financial products and instruments

We also counsel our clients on tax matters relating to the establishment and operation of real estate ventures and related real estate transaction planning, including the use of limited liability companies, limited and general partnerships and REITs, the availability and utilization of losses, tax allocations, shared appreciation mortgages, and like-kind exchanges. Some of the largest funds in the United States can be counted among our clients.

Fund Formation and Operation

As part of our Corporate practice, we have advised and provided sophisticated tax work to many investment fund formations including private equity, hedge funds and foreign investment entities, and venture capital. We partner closely with the firm’s lawyers in our Financial Services and Real Estate groups to assist on the tax aspects of designing and implementing specialized financial structures.

United States and Australia State and Local Tax

Our team includes several lawyers who regularly advise clients on state and local tax matters across the United States and Australia. These projects most often involve:

• Tax controversies, including administrative disputes and litigation, against state and local governments across the United States and Australia
• Counseling clients on compliance obligations with respect to United States and Australia state and local tax requirements
• United States and Australia state and local tax structuring and planning in connection with M&A and commercial transactions
• Negotiating for tax economic incentives from United States and Australia state and local governments
• Lobby projects in the legislatures and administrative agencies of state and local governments across the United States and Australia

Alternative Energy/Tax-Enhanced Investing

Together with the firm's Energy, Securities and Transactional Litigation, Finance, and Tax Policy lawyers, we are able to handle all aspects of any alternative energy or other tax-enhanced project. We work with developers, investors, and energy funds on the related tax issues from structuring, financing, and permitting to project development, supply, and distribution agreements. Our team assists clients by creating and negotiating innovative agreements to maximize congressionally sanctioned tax benefits and to qualify for federal, state, and local credits as well as other tax credits and incentives.

Tax Controversy

Our tax controversy lawyers are committed advocates for corporations, tax-exempt organizations, and high-net-worth individuals. We proactively address and resolve complex tax disputes, guiding clients through every phase of the planning and controversy process with precision and strategic foresight. We provide risk assessment and planning, representation before tax authorities (such as the IRS), cross-border transfer pricing resolution, litigation and trial advocacy, and investigation defense. 

Our team also has decades of experience with state and local tax (SALT) disputes, addressing issues involving income, franchise, property, sales, excise, and gross receipts taxes. We defend against audits, pursue refund claims, navigate administrative hearings and court proceedings, and assist with proactive compliance and planning efforts.

We also represent clients in federal and state estate and gift tax disputes, from the initial audit through the appellate process, as well as in tax court and similar forums, if necessary.  We coordinate with our clients’ accountants and advisors to provide strategic advice and develop each client’s case, drawing upon our years of experience.  We assist in the resolution of complex valuation and compliance issues, helping to protect our clients’ wealth planning and tax strategies.

Tax-Exempt Organizations

Our Tax lawyers often work together with lawyers of the firm’s Tax: Nonprofit Organizations practice to advise nonprofit and tax-exempt entities on matters, including formation, maintaining tax-exempt status, unrelated business taxable income, foundation excise taxes, and mergers and joint ventures with other tax-exempt and taxable organizations.