Mr. Birnkrant’s practice focuses on transfer pricing matters and U.S. federal income taxation of domestic and cross-border business transactions.
Mr. Birnkrant advises multinationals on structuring cross-border transactions and operations to minimize the associated tax burden. Examples include planning for acquisitions and dispositions of U.S. and foreign business operations; structuring the financing, development and ownership of intellectual property; and reorganizing cross-border business operations. He also advises on all aspects of transfer pricing, and the OECD has invited him to participate in its Transfer Pricing Experts consultations.
Mr. Birnkrant also represents taxpayers in disputes with the IRS, including in IRS examinations, appeals and competent authority proceedings. He has represented taxpayers in proceedings that resulted in the IRS withdrawing adjustments that were proposed for Tier 1 issues and withdrawing adjustments that would have resulted in substantial compliance penalties. In addition, he has helped multinationals secure innovative APAs that satisfy both their business objectives and the requirements of the relevant tax authorities. Mr. Birnkrant has been consistently recognized by Chambers USA, International Tax Review and Best Lawyers®.
- Secured the first bilateral advance pricing agreement to cover all of the imports of a U.S. subsidiary of a major Japanese multinational; in addition to specifying the methodology for examining the pricing in the subsequent years, it resolved contentious disputes for six prior open years.
- Represented a U.S. multinational in securing unilateral advance pricing agreements that provided transfer pricing certainty for transactions with its Irish manufacturing subsidiary and European distribution subsidiaries.
- Represented a variety of multinationals based both inside and outside of the United States in securing bilateral advance pricing agreements for transaction flows between the U.S. taxpayer and its affiliates in other countries, including Japan, Germany, Mexico and Canada.
- Persuaded an IRS appeals officer to withdraw the entire $240 million adjustment that the IRS exam team proposed with respect to proprietary technology made available pursuant to the implementation of a cost-sharing agreement between United States and European affiliates.
- Persuaded an IRS appeals officer to withdraw all of the $31 million of adjustments that the IRS examination team had proposed for the U.S. subsidiary of a large Japanese multinational and the accompanying transfer pricing penalty that IRS management had approved.
- Planned the tax-efficient restructuring of U.S. operations and the transfer of the U.S. assets of a Japanese multinational to enable those operations and assets to be included in a newly formed joint-venture corporation that is managed and controlled outside the United States.
The Organization for Economic Cooperation and Development (OECD) recently released new transfer pricing guidelines, with stricter rules attributing profits from intellectual property that will require some multinationals to shift employees and operations to satisfy requirements.
October 7, 2015
In the News
One hundred and fifty-three Alston & Bird attorneys have been selected by their peers for inclusion in the 2016 edition of The Best Lawyers in America©. The lawyers span the firm’s eight U.S. offices and represent more than 60 practice areas.
August 17, 2015
Alston & Bird has earned broad recognition in the 2015 edition of Chambers USA, the peer review directory of leading U.S. business lawyers.
May 20, 2015
"Proposed Changes for Competent Authority and MAP: A Good Direction but Incomplete Execution," Journal of Taxation, June 2014.
In Notice 2013-79, the IRS has requested public comment on a draft of a proposed revenue procedure (the “proposed APA Rev. Proc.”) to supersede and replace Rev. Proc. 2006-9, 2006-1 C.B. 278, which constitutes the current IRS guidance on the advance pricing agreement (“APA”) process.
- Chair of the Tax Treaty Subcommittee of the Taxation Committee of the United States Council for International Business
- Member of the Board of Advisors of the Journal of International Taxation
- Member of the Thomson West Tax Advisory Board
- Member of the Washington International Tax Study Group
- Fellow of the American College of Tax Counsel