Practice Areas & Industries: Greenberg Traurig, P.A.

Practice/Industry Group Overview

To stay competitive in today's global marketplace, international companies must seek out greater efficiency in their tax planning and compliance, including coordinating tax decisions from country to country. For U.S. operations, an environment of increased scrutiny – including passage of more restrictive legislation and a spike in audit activity at every level – is quickly becoming the norm, likewise spurring a need for greater self-evaluation. Tax-exempt organizations are also feeling the pinch, as the IRS announced in 2005 that enforcement in this sector is a top priority. GT's multidisciplinary tax team works closely with our clients to address these and other tax planning needs.

With more than 125 attorneys located throughout the firm, our team is ranked one of the largest tax practices in the world by Tax Business (January/February 2006). We provide our clients with a range of tax services, including tax planning in connection with both domestic and international mergers, acquisitions and joint ventures; transfer pricing; global business structures; capital markets; real estate investment/financing; derivatives and financial instruments; and dispute resolution and litigation. Additionally, we counsel senior management and business owners regarding their personal income, estate, gift and wealth transfer matters.

Services Available

Mergers & Acquisitions/Corporate Finance Tax

• Work closely with GT’s corporate & securities attorneys from the outset in structuring and negotiating complex transactions, to ensure tax efficiencies and minimize tax risks for our clients
   
• Advise on the tax aspects of structuring public and private mergers, acquisitions, buyouts and joint ventures, as well as de-mergers, spin-offs and other divestitures
   
• Structure pre-spin-off and post-merger/acquisition reorganizations and transactions
   
• Perform due diligence reviews to uncover tax liabilities and exposures in potential mergers, acquisitions and other transactions
   
• Address tax issues involved in cross-border mergers, acquisitions and other transactions Provide tax advice in connection with initial public offerings, secondary offerings and other securities-related transactions

Real Estate Tax

• Advise U.S. and international clients on the tax implications of their real estate investments
   
• Advise on the tax aspects of real estate transactions, from property acquisitions and sales, to 1031 or “like-kind” exchanges, to structuring condo-hotels, club membership programs and other ancillary service programs
   
• Advise on the tax-efficient use of special purpose vehicles, such as real estate investment trusts (REITs)
   
• Counsel clients regarding securitizations, including real estate mortgage investment conduits (REMICs) and exotic asset securitizations

Multi-State Tax Planning

• Bring a multi-jurisdictional approach to advising our U.S. clients on tax matters, taking into account how tax laws, incentives and other considerations vary from state to state
   
• Advise on a wide range of state tax matters, including corporate and personal income taxes, sales and use taxes, and real property taxes
   
• Advise clients on the state and local tax issues involved in their corporate transactions
   
• Provide multi-state tax analysis of potential mergers and acquisitions
   
• Draw on our national tax practice to provide state and local tax planning and advice to clients throughout the United States

International Taxation

• Advise U.S. taxpayers on acquiring foreign entities and structuring their foreign operations
   
• Counsel clients regarding the establishment of U.S. entities and the acquisition of U.S. corporations, partnerships, and business assets by foreign companies
   
• Structure international joint ventures and restructure multinational groups
   
• Advise sponsors and managers of U.S. and non-U.S. investment funds regarding both domestic and foreign tax issues
   
• Advise on international transfer pricing
   
• Assist with treaty issues, foreign tax credits and withholding taxes
   
• Assist in cross-border leasing, licensing and investing

Audits and Litigation And Criminal Tax Defense

• Advise on a broad range of tax issues, including handling sensitive ("eggshell") audits, counseling on tax compliance and reporting, compromising tax debts, defending reporting positions, resolving employment tax issues and obtaining contested tax refunds
   
• Advise on the tax collection process and dealing with sensitive tax issues that arise in business and personal settings and in tax fraud investigations
   
• Represent clients during audits, handling administrative appeals in the Appeals Office of the Internal Revenue Service and the appellate level of state and local tax agencies
   
• Represent clients before the tax agencies, in administrative hearings and in court
   
• Handle transfer pricing controversies

Capital Markets, Financial Instruments And Derivatives And Project Finance/Leasing

• Advise on the tax consequences of over-the-counter derivative transactions, including derivatives embedded within other financial products
   
• Counsel on and review structured transactions
   
• Advise private equity funds, hedge funds and other equity funds on fund formation and other tax issues
   
• Advise on tax-efficient use of special purpose vehicles, such as real estate investment trusts (REITs), regulated investment companies (RICs) and offshore special purpose vehicles
   
• Counsel clients regarding securitizations, including real estate mortgage investment conduits (REMICs) and exotic asset securitizations
   
• Provide tax advice on cross-border financial products and strategies
   
• Advise on structured finance, project finance, derivatives and leasing transactions

Customs Duties and Value-Added Tax (Vat)

• Assist with customs planning in making an effort to maximize cost savings and identify potential claims
   
• Assist with international VAT planning in relation to sales structures
   
• Provide VAT advice regarding supply of goods and services
   
• Advise on compliance with indirect tax obligations and transactions.

Tax-Exempt Organizations

• Advise on formation of non-profit corporations and charitable trusts
   
• Assist with tax exemption applications and private letter ruling requests to the IRS
   
• Advise on domestic and international grant-making issues, charitable solicitation and fundraising compliance
   
• Structure mergers, acquisitions and joint ventures of non-profits
   
• Advise on the creation of complex structures involving both for-profit and not-for-profit entities
   
• Represent clients in state and federal audits and appeals on compensation and excess benefit issues
   
• Develop planned giving programs
   
• Advise on corporate governance and conflict of interest issues
   
• Counsel on director and officer liabilities