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Tax

Kaye Scholer advises clients on tax matters in a wide range of transactions ranging from billion-dollar corporate acquisitions, debt restructurings, and complex real estate transactions to restructurings of family-owned businesses, individual tax planning, employee benefits, the organization of charitable and other tax-exempt entities, and tax controversies with federal, state and local tax authorities. MORE
Many of these transactions have international implications involving either non-U.S. investors in the United States or U.S. investors abroad.

Our tax lawyers work closely with members of the firm's real estate department in many phases of the real estate practice, including traditional real estate joint ventures, transactions involving REITs and REMICs and transactions involving foreign investors in U.S. real estate. A significant portion of the real estate tax practice involves tax planning for non-U.S. investors in U.S. real estate. As a result of our longstanding involvement in real estate matters, our tax lawyers have developed considerable experience in the use of sophisticated partnership and limited liability company arrangements as vehicles for real estate investment and development and a significant portion of which involve cross-border financings.

In the corporate area, our tax lawyers are involved in all of the firm's mergers and acquisitions activity, ensuring that the tax implications of our clients' business and investment transactions are taken into account, whether the firm is representing buyers or sellers. These transactions often require our lawyers to design special financial products to achieve our clients' tax planning goals, or to analyze the tax consequences of new and creative financial instruments and transaction structures, often taking into account the international tax concerns of our foreign and multi-national clients. Our lawyers also participate in the firm's representation of clients engaged in structured finance and asset securitization transactions, many of which rely on specialized tax-favored vehicles or tax-sensitive structures and a significant practice which involve cross-border financings.

We play a role in planning new businesses. Tax considerations can affect the decision as to whether to use a corporation, a subchapter S corporation, a general partnership or a limited liability company and recent tax changes have affected the way in which planning proceeds. Our lawyers have particular experience in the area of corporate joint ventures and has pioneered in the use of limited liability companies for such ventures. Among these transactions are those in which limited liability companies have been used to gain income tax advantages available because of the different characterization of limited liability companies under U.S. and foreign tax law or under various international tax treaties to which the Unites States is a party. In other instances, we have used limited liability companies to hold partnership interests in investment funds, so that the funds can operate without any party having unlimited liability.

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