International Taxation

Ellen Seiler Brody

Partner
Tel:(212) 903-8712 | Email | V-Card

Nancy Chassman

Partner
Tel:212-903-8767 | Email | V-Card

Sanford H. Goldberg

Counsel
Tel:(212) 903-8745 | Email | V-Card

Howard J. Levine

Partner
Tel:(202) 293-3408 | Email | V-Card

Joseph Lipari

Partner
Tel:(212) 903-8765 | Email | V-Card

Michael J. Miller

Partner
Tel:(212) 903-8757 | Email | V-Card

Mark David Rozen

Partner
Tel:(212) 903-8743 | Email | V-Card

Libin S. Zhang

Partner
Tel:(212) 903-8713 | Email | V-Card

We are actively involved in virtually every area of international taxation, from cross-border mergers and acquisitions, to joint ventures, spin-offs, restructurings, financings and leasing transactions. Our clients include both public and closely held companies involved in a wide range of activities, from manufacturing, food and energy production and distribution, to securities, software, healthcare, and real estate development and management. We have helped structure venture capital and hedge funds and have advised on the acquisition, operation and disposition of a variety of public and private companies in Canada, Europe, the Middle East and Far East. We represent entertainers, athletes, corporate executives and wealthy individuals and families with assets and members in multiple jurisdictions. We work closely with foreign tax counsel to maximize overall tax-efficiency, coordinating U.S. tax rules with those of the appropriate foreign jurisdictions.

Foreign Business Activities in the United States
Our attorneys are deeply involved in all aspects of planning for foreign investors, from selecting a business vehicle, to structuring transactions and evaluating operating alternatives. Such “inbound” planning often involves avoiding the establishment of a U.S. trade or business or “permanent establishment,” as well as the use of derivative investments, portfolio interest, and other techniques to minimize U.S. withholding taxes. Our in-depth experience with U.S. income tax treaties includes the “tie-breaker” provisions for dual residents and the anti-abuse provisions designed to limit treaty access in circumstances where the foreign investor may be “treaty shopping” or may not be considered the beneficial owner.

We have extensive experience with the FIRPTA tax rules that apply to investments in U.S. real property by foreign investors. We represent foreign hedge funds and private equity funds that invest in U.S. real property, and we have structured investments through partnership and trust vehicles so as to balance the often-conflicting objectives of limiting exposure to U.S. estate taxes while minimizing U.S. income taxes. We also advise foreign shipping companies on the taxation of their U.S. source shipping income and the requirements for tax exemption.

We advise foreign individuals who relocate to the United States on pre-immigration tax planning, restructuring investments, and the complex reporting requirements applicable to U.S. residents with interests in foreign corporations, partnerships, trusts, and foreign financial accounts.

U.S. Business Activities Abroad
We advise U.S. public and privately held clients on their international operations, from structuring cross-border activities in manufacturing, sales and financing, including currency and interest-rate swaps, to minimizing the impact of Subpart F and the passive foreign investment company rules. We have helped clients plan real estate and hotel developments in Europe and the Caribbean, establish factories in the Far East, incorporate offshore insurance companies, and launch foreign private equity funds. We have counseled REITs, pension funds, and other tax-exempt entities on the special rules that apply to their offshore activities and investments.

Our extensive experience with cross-border acquisitions includes the anti-abuse rules that can trigger tax in connection with “inbound” mergers of foreign corporations into domestic corporations and “outbound” mergers of domestic corporations into foreign corporations. We have helped clients navigate the complex rules that apply to the transfer of intangible property to a foreign corporation, and we also have broad experience with intercompany pricing of goods and services, licenses, and Advance Pricing Agreements.

We assist clients with the reporting requirements for interests in foreign corporations, partnerships, trusts, and foreign financial accounts. And we also counsel individuals on the benefits of renouncing their U.S. citizenship or status as a permanent resident alien and the impact of the new “anti-expatriation” rules.

Qualified Opportunity Zones and Select Partnership Issues

by Libin S. Zhang
Published: Tax Management Real Estate Journal, November 7, 2018
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Simultaneous Equations for Simpler Tax Analysis

by Libin S. Zhang
Published: Tax Notes, October 29, 2018
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Comments to Proposed Regulations under Section 965

by Libin S. Zhang
Published: September 18, 2018
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Loan v. Distribution: "Illinois Tool Works v. Commissioner"

by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 16, 2018
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To the Frying Pan: New Virtues of Subpart F over GILTI

by Libin S. Zhang
Published: Tax Notes, July 2, 2018
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The End of Eternity: Anomalies in Transition to Territoriality

by Libin S. Zhang, Joshua A. Rabinovits
Published: Tax Notes, April 30, 2018
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Direct Foreign Tax Credit and GILTI: The Curious Incidence of the Credit That Was Not Cut

by Libin S. Zhang
Published: Tax Management International Journal, April 13, 2018
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The Tax Cuts and Jobs Act - Traps for the Unwary Accountant

by Ellen Seiler Brody
Published: TaxStringer, February 1, 2018
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Foreign Corporation Not Taxable on Redemption of Partnership Interest: Tax Court Rejects Rev. Rul. 91-32

by Michael J. Miller, Ellen Seiler Brody
Published: Tax Management International Journal, August 4, 2017
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Reliance on a CPA As Reasonable Cause: "Neanatology" Lives on After "Grecian Magnesite Mining"

by Ellen Seiler Brody, Michael J. Miller
Published: Bloomberg BNA Daily Tax Report, August 3, 2017
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Tax Court Rejects Revenue Ruling 91-32 -- Holds Greek Corporation's Gain from the Redemption of Its Partnership Interest Not To Be Taxable as Effectively Connected Income

by Michael J. Miller, Ellen Seiler Brody, Mark David Rozen
Published: R&H Letter to Clients and Friends, July 24, 2017
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Eradicating Double Non-Taxation: A Comparative Analysis of the 2016 U.S. Model Income Tax Convention and OECD/G20 BEPS Action 6

by Nancy Chassman, Michael S. Grisolia
Published: Bloomberg BNA Tax Management Memorandum, November 14, 2016
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Managing Global Tax Controversy: A Primer for the U.S. Multinational

by Nancy Chassman, Charles S. Nelson
Published: Tax Notes, July 25, 2016
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Recent Guidance Regarding Deduction of Fines

by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 16, 2016
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Snowbirds Flying Blind: Beware the US Residence Trap

by Michael J. Miller
Published: Canadian Tax Journal, August 1, 2014
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Stock Rights Under §457A: Revenue Ruling 2014-18

by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 19, 2014
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Property Abandonment Results in Capital Loss: "Pilgrim's Pride"

by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 20, 2014
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"Fish": Ordinary Income From Incorporation Transaction

by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 19, 2013
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Options to Consider for Non-US Investors in US Real Estate

by Michael J. Miller
Published: The Canadian Tax Journal, October, 2013
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Can the Issuance of Form 1099-C Cancel a Debt?

by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 15, 2013
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Expats Live in Fear of Malevolent Time Machine

by Michael J. Miller, Ellen Seiler Brody
Published: International Tax Journal, March 5, 2013
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More About Step Transactions: G.D. Parker v. Commissioner

by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 20, 2012
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American Taxpayer Relief Act of 2012: International Tax Provisions

Published: R&H Letter to Clients and Friends, January 4, 2013
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IRS Provides Detailed Guidance on 2012 Offshore Voluntary Disclosure Program and Announces New Alternative Procedure for Certain Taxpayers Living Abroad

by Michael J. Miller, Richard A. Levine, Howard J. Levine, Mark David Rozen, Ellen Seiler Brody
Published: R&H Letter to Clients and Friends, July 3, 2012
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Foreign Asset Reporting Under Code Section 6038D

by Michael J. Miller, Ellen Seiler Brody
Published: International Tax Journal, May-April, 2012
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New Proposed Regulations Provide Some Welcome Relief for Foreign Financial Institutions under FATCA

by Mark David Rozen, Ellen Seiler Brody, Libin S. Zhang
Published: BNA Tax Planning International Review, March 01, 2012
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Shameful Double Taxation of Individual Expatriates

by Michael J. Miller
Published: International Tax Journal, July 01, 2011
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IRS Modifies 2011 Offshore Voluntary Disclosure Initiative to Reduce Penalties for Certain Participants and Permit Extensions

by Michael J. Miller, Howard J. Levine, Richard A. Levine, Mark David Rozen
Published: R&H Letter to Clients and Friends, June 22, 2011
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IRS Further Extends Deadline for 2009 and Prior FBARs Required to be Filed by U.S. Persons With Signature Authority but No Financial Interest in Foreign Accounts

by Michael J. Miller, Richard A. Levine, Howard J. Levine, Mark David Rozen
Published: R&H Letter to Clients and Friends, June 21, 2011
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The 2011 OVDI: Is Voluntary Disclosure Really Better the Second Time Around?

by Michael J. Miller, Ellen Seiler Brody
Published: Tax Management International Journal, May 13, 2011
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Highlights of the New FBAR Regulations and Revised FBAR for 2010 Filings Due June 30, 2011

by Michael J. Miller, Richard A. Levine, Howard J. Levine, Mark David Rozen
Published: R&H Letter to Clients and Friends, April 06, 2011
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Certain Taxpayers May Avoid Penalties If They File Delinquent Information Returns Relating to Foreign Accounts, Foreign Entities, and Foreign Gifts

by Michael J. Miller, Howard J. Levine, Richard A. Levine, Mark David Rozen
Published: R&H Letter to Clients and Friends, March 02, 2011
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IRS Announces 2011 Offshore Voluntary Disclosure Initiative With August 31, 2011 Deadline

by Michael J. Miller, Howard J. Levine, Richard A. Levine, Mark David Rozen
Published: R&H Letter to Clients & Friends, February 09, 2011
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Tax Court Approves Tax-Free Payment of Outbound Guarantee Fees

by Michael J. Miller, Libin S. Zhang
Published: BNA Tax Management - International Journal, August 13, 2010
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2010 FBAR Update

by Michael J. Miller, Libin S. Zhang
Published: International Tax Journal, May 2010
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Foreign Account Tax Compliance Provisions Have Far-Reaching Effect

by Michael J. Miller, Peter H. Blessing
Published: Canadian Tax Foundation - 61st Annual Conference, April 01, 2010
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IRS Issues Relief from FBAR Filing Obligations for Three Groups

by Michael J. Miller, Howard J. Levine, Richard A. Levine, Mark David Rozen
Published: R&H Letter to Clients & Friends, March 03, 2010
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Reflections on the Application of Income Tax Treaties to Hybrid Entities That Earn Non-FDAP Income

by Michael J. Miller, Libin S. Zhang
Published: International Tax Journal, January 01, 2010
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IRS Extends Deadline For Voluntary Disclosure Program

by Michael J. Miller, Richard A. Levine, Howard J. Levine, Mark David Rozen
Published: R&H Letter to Clients and Friends, September 24, 2009
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Taxpayers Still Have Time to Resolve Offshore Tax Issues Through the Voluntary Disclosure Program

by Michael J. Miller, Richard A. Levine, Howard J. Levine, Mark David Rozen
Published: R&H Letter to Clients and Friends, July 22, 2009
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Should Retirees Still Consider Expatriating?

by Ellen Seiler Brody
Published: Journal of Retirement Planning, May 01, 2009
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Proposed Legislation Affecting Assets Held Overseas

by Mark David Rozen, Ellen Seiler Brody
Published: Rothschild Trust Review, April 01, 2009
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U.S. Adopts Exit Tax Upon Expatriation

by Ellen Seiler Brody
Published: BNA Tax Planning International Review, December 16, 2008
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Forfeiture of Deductions for Failure to File Timely Return: (Swallows Holding, Ltd. v. Commissioner)

by David E. Kahen, Elliot Pisem
Published: New York Law Journal, April 17, 2008
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Proposed Earnings-Stripping Rules May Affect Canadian Investments in the United States

by Michael J. Miller
Published: The Canadian Tax Journal, September 01, 2007
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Accessing U.S. Income Tax Treaties: Current Trends in the Limitation on Benefits Article

by Michael J. Miller
Published: International Tax Journal, June 01, 2007
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Notice 2007-13 Announces New and Improved Substantial Assistance Rules

by Michael J. Miller
Published: Tax Management International Journal, April 13, 2007
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Proposed Regulations 'Clarifying' the Technical Taxpayer Rule Don't Pass the Giggle Test

by Howard J. Levine, Michael J. Miller
Published: International Tax Journal, February 01, 2007
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Cleansing the PFIC Taint Just Got Easier: New Regulations Permit Purging Elections for Closed Years

by Michael J. Miller
Published: Tax Management Memorandum, April 03, 2006
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CA-2's Narrow View of Pasquantino Does Not Affect Enlarged Scope of Federal Fraud and Money Laundering

by , Abraham Leitner
Published: Journal of Taxation, January 15, 2006
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Are Your Non-U.S. Executives Prepared for U.S. Estate Tax?

by Sanford H. Goldberg, Quincy Cotton
Published: The Metropolitan Corporate Counsel, December 01, 2005
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Recent Developments Make It Easier For U.S.-Based Multinationals To Dispose Of Foreign Subsidiaries

by , Abraham Leitner
Published: Canadian Tax Journal, March 01, 2005
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A One-Time Tax Break For US Multinationals

by , Abraham Leitner
Published: The Metropolitan Corporate Counsel, January 01, 2005
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Pending Protocol Will Prevent Inverted Corporations from Accessing the Barbados Treaty

by Michael J. Miller
Published: Tax Management International Journal, November 12, 2004
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American Jobs Creation Act of 2004 International Tax Provisions

by Mark David Rozen, Joseph Lipari, Michael J. Miller
Published: R & H Letter to Clients and Friends, November 11, 2004
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Treaty Conflicts in Categorizing Income as Business Profits Caused by Differences in Approach between Common Law and Civil Law

by Sanford H. Goldberg, John Avery Jones
Published: Bulletin for International Fiscal Documentation, November 01, 2004
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Avoiding U.S. Tax On Foreign Sales To U.S. Customers

by Howard J. Levine, Michael J. Miller
Published: The Metropolitan Corporate Counsel, October 01, 2004
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IRS Issues A Warning To Canadian Law Firms With U.S. Branch Offices

by Sanford H. Goldberg, Michael J. Miller
Published: The Canadian Tax Journal, March 01, 2004
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Proposed Amendment to FIRPTA Could Make U.S. REITs More Attractive to Canadian Real Estate Investors

by Mark David Rozen, Abraham Leitner
Published: The Canadian Tax Journal, March 01, 2004
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U.S. Reduced Rates Now Apply to Dividends of Non-Corporate Taxpayers

by , Peter A. Glicklich, Abraham Leitner
Published: The Canadian Tax Journal, September 01, 2003
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September 15th Due Date for Waiver of Filing Deadline for Foreign Taxpayers

by Mark David Rozen, Michael J. Miller
Published: R&H Letter to Clients and Friends, August 14, 2003
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Gain Recognition Agreement Regulations Could Stand Some Clarification

by , Peter A. Glicklich, Abraham Leitner
Published: Taxation of Global Transactions, June 01, 2003
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Proposed Transportation Regulations - Suggestions for Final Course Correction

by Sanford H. Goldberg, Michael J. Miller
Published: Tax Management International Journal, May 09, 2003
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Interest Stripping Changes Affecting U.S. Corporations Seem Likely; Only the Details Remain Opaque

by , Peter A. Glicklich, Abraham Leitner
Published: The Canadian Tax Journal, February 01, 2003
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Thomas Bill Currently Pending in Congress Includes Many Important Foreign Tax and Other Legislative Proposals

by , Peter A. Glicklich, Abraham Leitner
Published: The Canadian Tax Journal, December 01, 2002
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FSA 200220005: IRS Again Attempts to Void Contract Manufacturing Arrangements Under Subpart F

by Howard J. Levine, Peter A. Glicklich
Published: Taxation of Global Transactions, December 01, 2002
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Final Regulations on Payments by 'Reverse Hybrid' U.S. Entities Include Narrow Limits on Treaty Use

by , Peter A. Glicklich, Abraham Leitner
Published: The Canadian Tax Journal, September 01, 2002
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Estate Tax Conflicts Resulting from a Change in Residence

by Sanford H. Goldberg
Published: International Fiscal Association -- 56th Congress, August 25, 2002
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Gains Tax vs. Inheritance Tax

by Sanford H. Goldberg
Published: International Fiscal Association -- 56th Congress, August 25, 2002
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Electronic Arts: Taxpayers Appear to Win a Battle on the Subpart F Contract Manufacturing Front

by Howard J. Levine, Peter A. Glicklich
Published: Taxation of Global Transactions, August 15, 2002

IRS Wields the Two-Edged Sword of Code Sec. 956

by Howard J. Levine, Peter A. Glicklich
Published: Taxation of Global Transactions, April 15, 2002

U.S. Export Taxation, Treaty Challenges, and Filing Leniency Bear Watching

by Michael J. Miller, Peter A. Glicklich
Published: Canadian Tax Journal, March 15, 2002

'Textron' Makes for Mischief: Tax Court Opens a Pandora's Box

by Howard J. Levine, Peter A. Glicklich
Published: Taxation of Global Transactions, January 15, 2002

What to Expect in the New US-Canada Treaty

by Michael J. Miller, Peter A. Glicklich
Published: Canadian Tax Journal, December 15, 2001

Accessing the Manufacturing Exception to Subpart F Through Contract Manufacturing Arrangements

by Howard J. Levine, Michael J. Miller, Peter A. Glicklich
Published: Journal of Taxation of Global Transactions, December 01, 2001

U.S. Taxation of E-Commerce under Subpart F -- Missing Pieces Leave Uncertainty

by , Peter A. Glicklich, Abraham Leitner
Published: 2001 International Bureau of Fiscal Documentation, October 15, 2001

Appeals Court Invalidates US-Netherlands 'Double-Dip' Financing Structure

by Michael J. Miller, Peter A. Glicklich
Published: Canadian Tax Journal, October 01, 2001

IRS Proposes Regulations on Treaty Benefits for Payments by 'Reverse Hybrid' US Entities

by Michael J. Miller, Peter A. Glicklich
Published: Canadian Tax Journal, June 01, 2001

Considerations for Underlying Foreign Corporations

by Sanford H. Goldberg
Published: ALI-ABA Estate Planning Course Materials Journal, April 30, 2001

Appeals Court Adheres To Precedent, Tells IRS That It's Too Late To Issue Regulations

by Michael J. Miller, Peter A. Glicklich
Published: Canadian Tax Journal, February 01, 2001

Transfers to Foreign Trusts: Treasury Proposes Regulations Under §§679 and 684

by Joseph Lipari, Quincy Cotton
Published: Tax Management International Journal, January 12, 2001

Taxation Caused by or After a Change in Residence

by Sanford H. Goldberg
Published: Tax Notes International, August 07, 2000

New U.S. Withholding Rules for Hybrids and Passthroughs

by Ellen Seiler Brody, Peter A. Glicklich
Published: Canadian Tax Journal, June 01, 2000

When Does E-Commerce Result in a Permanent Establishment? The OECD's Initial Response

by Howard J. Levine
Published: Tax Management International Journal, April 14, 2000

Update of Recent Actions by U.S. Taxing Authorities

by Ellen Seiler Brody, Peter A. Glicklich
Published: Canadian Tax Journal, March 01, 2000

IRS Scrambling to Attack Lease Strips

by Joseph Lipari
Published: Tax Management International Journal, January 14, 2000

U.S. Court Finds Foreign Tax Credit Strip Does Not Compute

by Sanford H. Goldberg, Peter A. Glicklich, Abraham Leitner
Published: Canadian Tax Journal, December 01, 1999

APA Disclosure: Can The Process Survive?

by , Peter A. Glicklich
Published: Canadian Tax Journal, October 15, 1999

Lessons in Avoiding Transfer Pricing Penalties: DHL Corp.

by Sanford H. Goldberg, Peter A. Glicklich
Published: Canadian Tax Journal, June 01, 1999

Loss 'Importation' -- Opportunities and Limitations

by , Peter A. Glicklich, Abraham Leitner
Published: Tax Notes, February 15, 1999

Laidlaw Taxpayer Crashed and Burned, Losing Billion-Dollar Debt-Equity Case

by Sanford H. Goldberg, Peter A. Glicklich
Published: Canadian Tax Journal, December 01, 1998

When is a U.S. Subsidiary a Permanent Establishment?

by Sanford H. Goldberg
Published: Canadian Tax Journal, October 01, 1998

Taiyo Hawaii Co., Ltd.: Destined for Frequent Citation

by Sanford H. Goldberg, Carrie L. Brandon
Published: Canadian Tax Journal, June 01, 1998

Electronic Commerce: Taxation of Services Provided via the Internet

by Sanford H. Goldberg, Howard J. Levine, Ellen Seiler Brody, Peter A. Glicklich
Published: R & H Newsletter -- Tax Insights, October 01, 1997

Are You a U.S. Citizen?

by Sanford H. Goldberg, C. Jordan Ball, III
Published: Canadian Tax Journal, October 01, 1997

Electronic Services: Suggesting a Man-Machine Distinction

by Howard J. Levine, Sanford H. Goldberg, Ellen Seiler Brody, Peter A. Glicklich
Published: Journal of Taxation, August 15, 1997

Canadian Investment in the United States after the Taxpayer Relief Act of 1997

by Sanford H. Goldberg
Published: Canadian Tax Journal, March 01, 1997

Internet Sales Pose International Tax Challenges

by Sanford H. Goldberg, Howard J. Levine, Peter A. Glicklich
Published: Journal of Taxation, June 01, 1996