Giovanna Sparagna is a member of Sutherland's Tax Practice Group advising multinational corporations on international tax planning and controversy matters involving cross-border financing, royalty structures, mergers and acquisitions, contract manufacturing structures, cross-border service and supply agreements, and repatriation planning.
As a consequence of her large multinational practice, Ms. Sparagna handles substantial transfer pricing matters for Fortune 50 companies and foreign-owned clients working closely with economic experts in tax planning (e.g., establishing cost sharing and related party licensing arrangements); assessing multi-jurisdictional transfer pricing exposure; complying with FIN 48 and return documentation requirements; and developing audit, litigation, advance pricing agreement and competent authority strategies.
Ms. Sparagna has also handled controversy matters involving government challenges to:
· cross-border financing transactions involving arbitrage elements such as deferred share agreements and "repo" transactions;
· foreign tax credits under non-compulsory and economic substance theories;
· offshore intangible structures;
· treaty exemptions on complex, multi-party financing transactions; and
· validity of international restructuring.
Before joining the firm, Ms. Sparagna served in the Office of the Chief Counsel (Internal Revenue Service) rendering rulings and legal advice on domestic and international mergers, acquisitions, and dispositions. Additionally, she is a former adjunct professor of law at Georgetown University Law Center.
Professional Honors and Awards
· Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of tax (2010, 2011)
· Recognized in The Guide to World's Leading Tax Advisers (each edition since 2002)
· Recognized in the World Tax Guide (2005-2007, 2009)
· Recognized in the Guide to the World's Leading Women in Business Law (2010)
· Named to Euromoney Institutional Investor PLC World's Leading Transfer Pricing Advisors (each edition since 2001)
· Named to The Best Lawyers in America in the areas of litigation & controversy - tax (2012) and tax law (2006-2012)
· Selected for inclusion in International Who's Who of Corporate Tax Lawyers (2009)
Professional and Community Involvement
· Advisory Board Member and Former Private Sector Chair, GW/IRS Annual Institute for International Taxation
· Council, International Fiscal Association (U.S.A. Branch)
· Former Chair, Committee on Foreign Activities of U.S. Taxpayers, Section of Taxation, American Bar Association
Recent Publications and Select Speaking Engagements
· Co-author, "Foreign Tax Credit," International Taxation (September 2010)
· Co-author, Sutherland Inbound Roundtable Newsletter (2009, 2010)
· Author, "Related Party Stock Sales: Recasting Out of Code Sec. 304 Under Rev. Rul. 2004-83," Journal of Taxation of Global Transactions (Fall 2005)
· Author, "IRS Closes Technical Loophole to Eliminate Foreign Tax Credit Planning with Stapled Stock," CCH Taxation of Global Transactions (Winter 2004)
· Speaker, Inbound Issues Roundtable (December 13, 2011)
· Speaker, MAPI Tax Council II Meeting (September 22, 2011)
· Speaker, TEI Houston Chapter Meeting (June 16, 2011)
· Speaker, TEI Atlanta Chapter Meeting (April 26, 2011)
· Speaker, "Review of the Source Rules, Permanent Establishment and Substantial Assistance," TEI: Midyear Conference (April 3-6, 2011)
· Speaker, TEI Atlanta Chapter lunch for the US International Section (April 1, 2011)
· Presenter, International Fiscal Association (IFA) Asia Regional Conference (South Korea, May 2010)
· Speaker, "International Tax Hot Topics: Repatriation, Current Audit Issues, Disclosure of Uncertain Tax Positions," TEI International Tax Committee Meeting (April 20, 2010)
· Speaker, 19th Annual Institute on Current Issues in International Taxation (December 2008, 2009)
· Speaker, "Section 482 Update," TEI's 64th Annual Conference (October 25-28, 2009)
· Speaker, "IFA/OECD: New Article 7 'Something old, something new...'" 63rd Congress of the IFA (August 30-September 4, 2009)
· Speaker, The Tax Council Spring Tax Conference (March 19-21, 2009)
· Presenter, TEI Asia Chapter Conference (Singapore, 2007; Hong Kong, 2008)
· Speaker, Annual European Structured Financial Products Seminar (2006, 2007 Paris; London 2008)
· Speaker, TEI 2008 Annual Conference (October 19-22, 2008)
· Speaker, TEI European Chapter Winter Conference (January 28-29, 2008)
· Speaker, 7th Annual European Financial Products Summit (October 24-25, 2006)
News
Sutherland Attorneys, Practices Top Chambers USA 2011 Rankings
April 14, 2011
Sutherland Earns Top Chambers USA 2010 Rankings
July 7, 2010
Legal Alerts
Legal Alert: New International Tax Provisions Take Aim at Foreign Tax Credit Planning But Also Provide Some Relief Under Section 6501(c)(8)
August 18, 2010
July Inbound Roundtable Newsletter
July 23, 2009
May Inbound Roundtable Newsletter
May 21, 2009
Legal Alert: IRS Advice Signals Policy Change That Permits Tax-Free Exchanges of Trademarks, Trade Names and Other Customer-Based Intangibles
March 18, 2009
Legal Alert: American Jobs Creation Act of 2004
October 25, 2004
Publications
September Inbound Roundtable Newsletter
September 2010
Related Party Stock Sales: Recasting Out of Code Sec. 304 Under Rev. Rul. 2004-83
Fall 2005 Reprinted with Permission, Journal of Taxation of Global Transactions
"The Administration's Corporate Tax Shelter Proposals: What are the Limits of Appropriate Tax Planning," 40 Tax Management International Journal (Special Edition, March 29, 1999 S-99)
"Further IRS Guidance on the Treatment of Section 304 Related Party Sales in the International Setting," 20 Tax Management International Journal 353
"Allocating Foreign Stock Attributes Through Partnerships Under Subpart F - Planners Beware," Taxation of Global Transactions (Fall 2002)
"CCA Recasts Sale of Partnership Assets to Trigger Subpart F," CCH Taxation of Global Transactions (Summer 2003)
"IRS Closes Technical Loophole to Eliminate Foreign Tax Credit Planning with Stapled Stock," CCH Taxation of Global Transactions (Winter 2004)
Events
Inbound Issues Roundtable
December 13, 2011
MAPI Tax Council II Meeting
November 17-18, 2011
MAPI Tax Council II Meeting
September 22, 2011
Tax Executives Institute Luncheon
June 16, 2011
TEI Atlanta Chapter Meeting
April 26, 2011
61st TEI Midyear Conference
April 4-6, 2011
TEI Atlanta Chapter - U.S. International Section
April 1, 2011
Tax Council Spring Conference
March 17, 2011
TEI Atlanta Chapter Meeting
June 7, 2010
TEI International Tax Committee Meeting
April 20, 2010
TEI's 64th Annual Conference
October 25-28, 2009
63rd Congress of the International Fiscal Association
August 30 - September 4, 2009
The Tax Council Spring Tax Conference
March 19-21, 2009
TEI 2008 Annual Conference
October 19-22, 2008
TEI European Chapter Winter Conference
January 28-29, 2008
19th Annual Institute on Current Issues in International Taxation
December 14-15, 2006
2006 European Structured Financial Products Seminar
October 24-25, 2006
7th Annual European Financial Products Summit
October 24-25, 2006