Practice/Industry Group Overview
Our tax strategists offer innovative, practical advice that will have a positive, measurable effect on your bottom line. Our tax advice integrates international, federal, state and local tax planning – and our recommendations are presented to you in plain English that is free of industry jargon. We regularly provide tax advice in connection with strategic events such as mergers and acquisitions – as well as discrete transactions of organizations and individuals. Additionally, we advise organizations on how to execute ongoing operations in the most tax-efficient manner possible. We also represent clients in tax controversies involving state and federal authorities.
The Hinckley, Allen & Snyder Tax group offers advice on a wide variety of matters, including:
Mergers, acquisitions, joint ventures, and similar strategic events
Our lawyers handle tax planning for important strategic events that alter the direction or character of a client organization, such as mergers, acquisitions, entering into joint ventures, liquidations, and similar transactions. In connection with such transactions, we provide tax due diligence services, and we regularly issue opinions regarding the taxability of transactions to satisfy SEC disclosure requirements, fulfill contractual conditions, or protect against penalties.
We provide advice to a variety of investment funds, including hedge funds, private equity, family partnerships, real estate ventures, and other more specialized vehicles. Our tax advice covers entity formation and operations, fund aggregation issues, and investment activities.
Business aviation taxation
Our attorneys continuously deal with the special tax issues that arise in connection with business aviation transactions and operations, including tax deductibility of costs and expenses, taxability of employees and other passengers, state sales and use taxes, federal aviation excise taxes, deferral of gain in like-kind exchanges, and other matters.
We represent taxpayers before IRS and state tax auditors, at the administrative appeals level, in tax tribunals, and in appellate court.
Tax exempt organizations
We are frequently involved in structuring and establishing tax exempt organizations, both private foundations and public charities, including those engaged in joint ventures with exempt or taxable persons, or operating outside the US. We also provide advice to the boards of exempt organizations regarding operations and to ensure compliance with private benefit and private inurement limitations as well as limitations on involvement in political activities. We frequently work with hospitals, educational institutions and organizations, and traditional charitable organizations.
Outbound international tax planning
From planning for utilization of foreign tax credits, deferral of United States tax on low taxed foreign source income, effective use of tax treaties, tax efficient repatriation of earnings, we provide broad U.S. tax support for non-U.S. operations of domestic clients.
Inbound international tax planning
We regularly address domestic tax law and inbound tax treaty issues involving permanent establishments of non-US persons, cross border withholding taxes, limitation on benefits, earnings stripping, state income taxation, US estate taxation, and similar matters.
We help clients obtain tax benefits granted by the last remaining federal tax export incentive – the interest charge domestic international sales corporation (“IC-DISC”). We can form an IC-DISC, draft the necessary contracts, provide advice on structuring transactions, and prepare the relevant annual tax filings on a grouping or transaction-by-transaction basis, claiming benefits granted by the marginal costing method and other special rules.
International executive tax planning
Our international tax advice can take into account the personal income tax position of expatriate employees and executives, or of foreign nationals working in the United States.
We assist clients in preparing and filing requests for IRS private rulings on important tax matters.
State tax planning and advice
In recent years, states have vastly increased their aggressiveness and audit capabilities. We are frequently involved in questions relating to nexus, the validity of intercompany charges, apportionment planning, and other matters.
Financially challenged entities
Shareholders and their entities stressed by financial difficulties have special tax needs such as the preservation of valuable tax benefits, the avoidance of cancellation of debt income, and the desire to minimize personal or entity risk. We are experienced in dealing with the special and sometimes counterintuitive tax planning that must be applied in these circumstances.