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International Taxation

Ellen Seiler Brody

Ellen Seiler Brody

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

Nancy Chassman

Partner
Tel:212-903-8767 | Email | V-Card
Sanford H.  Goldberg

Sanford H. Goldberg

Counsel
Tel:(212) 903-8745 | Email | V-Card
Howard J.    Levine

Howard J. Levine

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

Joseph Lipari

Partner
Tel:(212) 903-8765 | Email | V-Card
Michael J. Miller

Michael J. Miller

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

Mark David Rozen

Partner
Tel:(212) 903-8743 | Email | V-Card
Libin S. Zhang

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.

by Libin S. Zhang
Published: Tax Notes, January 21, 2019
Download the file for Links to the Past: Old Exceptions to New Interest Deduction Limitations.
by Libin S. Zhang
Published: Tax Notes, November 12, 2018
Download the file for The Discreet Charms of the Dividends Received Deduction.
by Libin S. Zhang
Published: Tax Management Real Estate Journal, November 7, 2018
Download the file for Qualified Opportunity Zones and Select Partnership Issues.
by Libin S. Zhang
Published: Tax Notes, October 29, 2018
Download the file for Simultaneous Equations for Simpler Tax Analysis.
by Libin S. Zhang
Published: September 18, 2018
Download the file for Comments to Proposed Regulations under Section 965.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 16, 2018
Download the file for Loan v. Distribution:
by Libin S. Zhang
Published: Tax Notes, July 2, 2018
Download the file for To the Frying Pan: New Virtues of Subpart F over GILTI.
by Libin S. Zhang, Joshua A. Rabinovits
Published: Tax Notes, April 30, 2018
Download the file for The End of Eternity: Anomalies in Transition to Territoriality.
by Libin S. Zhang
Published: Tax Management International Journal, April 13, 2018
Download the file for Direct Foreign Tax Credit and GILTI: The Curious Incidence of the Credit That Was Not Cut.
by Ellen Seiler Brody
Published: TaxStringer, February 1, 2018
Download the file for The Tax Cuts and Jobs Act - Traps for the Unwary Accountant.
by Michael J. Miller, Ellen Seiler Brody
Published: Tax Management International Journal, August 4, 2017
Download the file for Foreign Corporation Not Taxable on Redemption of Partnership Interest: Tax Court Rejects Rev. Rul. 91-32.
by Ellen Seiler Brody, Michael J. Miller
Published: Bloomberg BNA Daily Tax Report, August 3, 2017
Download the file for Reliance on a CPA As Reasonable Cause:
by Michael J. Miller, Ellen Seiler Brody, Mark David Rozen
Published: R&H Letter to Clients and Friends, July 24, 2017
Download the file for 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 Nancy Chassman, Michael S. Grisolia
Published: Bloomberg BNA Tax Management Memorandum, November 14, 2016
Download the file for 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, Charles S. Nelson
Published: Tax Notes, July 25, 2016
Download the file for Managing Global Tax Controversy: A Primer for the U.S. Multinational.
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 16, 2016
Download the file for Recent Guidance Regarding Deduction of Fines.