Cross-Border Activities and International Taxation

• Advised regarding FIRPTA implications of reorganization, acquisition and disposition transactions
• Advised regarding numerous tax treaty issues including residence for tax treaty purposes, issues relating to permanent establishment, entitlement to and limitations on benefits, as well as tax credit issues
• Advised regarding tax withholding implications of international transactions
• Advised regarding the entitlement of sovereign wealth funds to exemptions from U.S. tax and withholding
• Advised closely-held non-U.S. corporations with U.S. and non-U.S. shareholders concerning the implications of the PFIC and CFC tax regimes in connection with developing a strategy for the disposition of highly-appreciated offshore assets
• Advised regarding the potential U.S. tax issues relating to mergers and other reorganizations involving companies and assets within and without the U.S., including matters relating to inversions and the limitations on the deductibility of certain payments
• Advised regarding the source and character of income as pertains to the tax consequences to recipients and withholding agents as well as the jurisdictional reach of the US tax authorities
• Advised non-U.S. investment partnership in obtaining status as a withholding partnership and regarding its U.S. federal income tax withholding compliance obligations
• Advised offshore trust companies regarding their exposure to and compliance with FATCA and the FATCA classification and certification requirements of trusts and other entities they administer
• Analyzed the FATCA exposure and obligations of a complex multi-jurisdictional hedge fund structure and formulated compliance procedures and plan
• Advised a U.S. citizen regarding the U.S. income tax implications of funding, acquiring and disposing of investments in closely-held European and Latin American companies and the resulting U.S. information reporting requirements
• Advised a nonresident individual regarding tax planning and structuring in respect of globally licensed medical patents
• Advised a non-citizen executive moving from the U.S. regarding U.S. taxation of deferred compensation to be received in respect of past services to U.S. employer, consulted with tax counsel in potential new residence countries and performed related financial modeling
• Advised an affiliated group of U.S. and non-U.S. companies on tax issues pertaining to characterization of inter-company debt and withholding exemptions for portfolio interest
• Advised U.S. real estate investment companies regarding the conduit financing rules and U.S. income tax withholding issues in respect of debt payments
• Advised regarding and performed financial modeling for taxation under the default PFIC tax regime and various PFIC election alternatives
• Advised non-U.S. citizens regarding their status as U.S. or non-U.S. residents for U.S. income and estate/gift tax purposes