Mark Leeds' professional practice focuses on United States tax aspects of financial instruments and strategies. Mark is also the editor-in-chief of Derivatives: Financial Products Report, a Thomson/RIA monthly publication.
Areas of Concentration
ˇ Structured finance
ˇ Over-The-Counter (OTC) and market-traded derivatives
ˇ Financial products
ˇ Mortgage-backed securities
ˇ Asset-backed securities
ˇ Structured products
ˇ Real Estate Investment Trusts (REITs), RICs and Real Estate Mortgage Investment Conduit (REMICs)
ˇ Master Limited Partnerships
Professional & Community Involvement
ˇ Member, Committee of Banking Institutions on Taxation
ˇ Member, Institute of International Bankers
ˇ Member, New York State Bar Association, Tax Section
ˇ Member, American Bar Association
ˇ Member, The Tax Club
ˇ Member, International Swaps and Derivatives Association (ISDA)
ˇ Trustee, Best Buddies of New York
Awards & Recognition
ˇ Listed, The Best Lawyers in America, 2010-2012
ˇ Selected, Super Lawyers magazine, 2009-2011
Other Experience
ˇ Deutsche Bank AG
ˇ Deloitte & Touche
Articles, Publications, & Lectures
Articles
ˇ Editor-in-chief, Derivatives: Financial Products Report, a Thomson/RIA monthly publication, edited from 1997-Present
ˇ Author, "New U.S. Tax Regulations Change The Rules for Dividend Equivalents," Tax Notes, February 2012
ˇ Author, Difficulty in Every Opportunity: TAM 201142020 Provides Insights on Deemed Exchanges and Hedging, Daily Tax Report, November 2011
ˇ Co-author, "Sometimes a Vague Notion: The IRS Proposes to Update the Tax Rules for Swaps and Futures," Tax Notes, September 2011
ˇ Author, "Closer to Fine: IRS Expands the Safe-Harbor for Swap Assignments to Accommodate Dodd-Frank Implementation," Tax Notes, July 2011
ˇ Author, "Manana Is Good Enough for Me: IRS Staggers the Dates for FATCA Implementation,"Daily Tax Report, July 2011
ˇ Author, "Train Kept A-Rollin': Notice 2011-34 Provides Second Set of Rules Under FATCA,"Daily Tax Report, May 2011
ˇ Author, "Dealer's Choice: AM 2010-005 Pierces Option Contract to Find Ownership of Referenced Managed Account by Optionee," November 2010
ˇ Author, "U.S. Internal Revenue Service's Initial Guidance on Financial Accounting Tax Compliance Act Rules," BNA International World Securities Law Report, October 2010
ˇ Author, "Passive-Aggressive: IRS Releases Initial Guidance on FATCA Rules," September 2010
ˇ Author, "When the Other Shoe Falls: IRS Notice 2010-46 Restricts The Application of Notice 97-66 for Cross-Border Securities Loans," June 2010
ˇ Co-author, "It's only Lunch; The IRS Moves One Step Closer to Requiring Narrative Tax Returns," February 2010
ˇ Author, "New IRS Audit Guidelines Target Equity Swaps with Non-U.S. Counterparties," January 2010
ˇ Contributor, "The Straddle Rules Project: Financial Product Tax Wonks Look at 25 Years of the Biggest Tax Headache We've Ever Had," December 2009
ˇ Author, "When the Cure could be Worse than the Ailment: The 'Other Revenue' Provisions of the Health Care Choices Act of 2009," July 2009
ˇ Author, "The Future Will Be Better Tomorrow: The Obama Tax Agenda Is Released," May 2009
ˇ Author, "Providing Certainty on Death and Taxes: IRS Issues Initial Guidance for Sellers and Purchasers of Life Insurance Policies," May 2009
ˇ Author, "Restructuring of Applicable High Yield Discount Obligations After Passage of the American Recovery and Reinvestment Act of 2009," February 2009
ˇ Author, "IRS Slams the Brakes on a Loss Acceleration Strategy: CCA 200849012 Challenges Sophisticated Technique to Recognize Losses on Accounts Receivable," December 2008
ˇ Co-author, "The End of Deferral as We Know It: New Law Prohibits Deferral of Compensation Paid to U.S. Managers by Off-Shore Hedge Funds," October 2008
ˇ Author, "Quick, Easy and Wrong: Congress Considers Legislation to Curtail Energy Trading and the Use of Off-Shore Blockers," August 2008
ˇ Author, "An IRS Trifecta: Three Public Releases Affecting Hedge Funds and Funds of Funds Issued on One Day," July 2008
Speeches
ˇ Panelist, "Monetize Now, Pay Taxes Later?," American Bar Association Tax Section Webinar, April 2012
ˇ Speaker, "Is It Treated as a Sale, Lease, Financing, Constructive Sale or Option?," American Bar Association Tax Section Annual Meeting, Sales, Exchanges and Basis Committee, February 2012
ˇ Panelist, "Selected Issues Presented by the Proposed Dividend Equivalent Withholding Rules," Wall Street Tax Association Special Seminar, February 2012
ˇ Co-presenter, "The New Withholding Tax Regulations for Dividend Equivalents," Committee of Banking Institutions on Taxation Special Presentation, February 2012
ˇ Co-presenter, "Structures for In-Bound Real Estate Investments by Individuals," International Wealth Advisors Conference, January 2012
ˇ Conference co-chairman and speaker, "Hot Issues in the Taxation of Financial Products" (Panels on hedging and equity derivatives), BNA/SFI December 12-13, 2011
ˇ Panelist, "Proposed Section 446 and 1256 Regulations," Wall Street Tax Association Fall Seminar, November 2011
ˇ Panelist, "Off-Shore Hedge Funds Extensions of Credit - Trade or Business or Investment Activity?," American Bar Association Tax Section Annual Meeting, October 2011
ˇ Speaker, "Recent Developments Affecting Swaps and Other Derivatives," Practicing Law Institute's Advanced Swaps & Other Derivatives 2011, October 2011
ˇ Panelist, "Federal Tax Update," Committee on Banking Taxation's 26th Annual Spring Tax Day, June 2011
ˇ Conference co-chair and presenter, "Equity Derivatives" and "FATCA Developments," SFI/BNA's 4th Annual London Conference on the Taxation of Banks and Financial Products, June 2011
ˇ Speaker, "Advanced OID Rules for Debt" & "Tax Traps for Investors Part II: Straddle Rules and Conversion Transactions," Executive Enterprise Institute's Taxation of Financial Products Bootcamp, May 2011
ˇ Speaker, "The Impact of the United States FATCA Rules on Family Offices and Individuals," International Wealth Planners 2011 New York Meeting, April 2011
ˇ Panelist, "Section 871(m): The Interregnum, and the Future," Practising Law Institute's Taxation of Financial Products and Transactions 2011 Conference, January 2011
ˇ Speaker, "Working Through Tax Implications of Foreign Investments," The 12th Annual Effective Hedge Fund Tax Practice Conference, December 2010
ˇ Presenter, "The CCO's Role in Hot-Button Tax Compliance and Reporting," Financial Research Associates' Hedge Fund Compliance Summit, November 2010
ˇ Conference Co-chair and Speaker, Presentations on FATCA Reporting and HIRE Act Withholding, 11th Annual European Structured Financial Products Summit, November 2010
ˇ Panel moderator, "Tax and Accounting," Practicing Law Institute's Advanced Swaps and Other Derivatives 2010 Conference, October 2010
ˇ Co-presenter, "Complex Taxation of Fund of Funds," Hedge Fund Business Operations Association's Hedge Fund of Funds Accounting, Auditing and Tax Symposium, July 2010
ˇ Presenter, "Taxation of Hedge Funds: Alleviating Onshore and Offshore Concerns," ACI Hedge Funds and Investment Advisors Conference, June 2010
ˇ Co-presenter, "Taxation of Financial Products and Transactions: The Building Blocks," Financial Research Associates' Hedge Fund Tax 101 Conference, June 2010
ˇ Speaker & Conference Co-chair, "Application of the FATCA 'Qualified Intermediary II Rules to Non-US Financial Institutions" & "Total Return Swaps-Tax Reporting and Compliance Developments," The 2010 BNA Taxation of European & U.S. Financial Products London Conference, June 2010
ˇ Presenter, "Life Settlements - The 'Hot' New Asset Class -- Cross-Border Structures," Teal Education Conferences on Maximizing the Use of Financial Products in a Recovering Economy, June 2010
ˇ Co-presenter, "International Tax Planning After the Schering Plough Decision," International Tax Institute, March 2010