Tax

The Tax Team has broad-based experience handling international transactions, including planning for U.S.-based companies doing or seeking to do business outside the U.S. and foreign-based companies doing or seeking to do business in the U.S. The Team frequently advises and assists clients in structuring their operations in a tax-efficient manner, taking into account the tax rules on income sourcing, allocation of deductions, withholding, tax credits, and the application of the U.S. branch profits tax, subpart F rules, and Foreign Investment in Real Property Tax Act (FIRPTA). Our attorneys have also given in-depth consideration to issues raised by the allocation of income among related entities under Section 482 of the Code, including the application and interpretation of the temporary and final regulations implementing transfer pricing rules for transfers of tangible and intangible property. The Tax Team uses this extensive experience to counsel clients in all types of businesses and joint ventures with U.S. and foreign participants, often working with them to establish practical transfer pricing plans and guiding them through transfer pricing audits by, and appeals to, the IRS.

The Tax Team is regularly involved in analyzing state and local tax issues, including taxability of corporations, partnerships, trusts, qualified investment funds, and S corporations. The Team also provides counseling to governmental entities and 501(c)(3) organizations with respect to the issuance of tax-exempt bonds.

The attorneys on our Tax Team have extensive experience in handling both civil and criminal tax controversy matters.

The Team regularly represents clients in audit, assessment, collection, and refund matters against the Internal Revenue Service and state taxing authorities. Our attorneys routinely appear in appeals hearings to challenge examination changes and the appropriateness of collection matters. In the event the tax dispute cannot be resolved at the administrative level, the Tax Team has proven experience handling matters before the United States Tax Court, federal district courts, state tax courts, and appellate level courts.

The Tax Team also has substantial experience handling sensitive tax matters that could lead to criminal exposure with federal and state government authorities. Our attorneys regularly prepare and handle voluntary disclosures at both the federal and state levels for individuals and businesses who failed to report significant amounts of income or foreign accounts, as well as those who failed to file tax returns for prolonged periods of time.

The attorneys on our tax team also assist the Gibbons White Collar & Investigations Group in criminal tax matters through all phases of criminal tax proceedings.

The Tax Team’s executive compensation and employee benefits practice has grown rapidly in response to extensive and steady changes in the law. Our attorneys have a broad range of experience designing, drafting, and administering qualified and nonqualified deferred compensation plans, stock option plans, and other forms of equity compensation. The Team regularly counsels clients on employee benefit issues that arise in corporate transactions and assists in the negotiation and treatment of employee benefit plans in the transaction documents. We also conduct audits of qualified retirement plans and health plans for COBRA compliance and assist clients in handling benefit claims for retirement, disability, and health plans, especially with issues of plan interpretation.

The Tax Team assists a growing number of nonprofit clients with obtaining and maintaining federal tax-exempt status and advises on the treatment of unrelated business taxable income, fundraising issues, and compliance with federal and state disclosure rules. We also work closely with the broader Corporate Group in counseling nonprofits on employment matters and on structuring affiliated entities consistent with their tax-exempt status.