Transactional Tax Insurance

International and domestic insurers frequently call on Alston & Bird to represent them in tax insurance matters arising in a variety of contexts, including M&A transactions, federal and international tax issues, and a myriad of other issues. Companies rely on our technical expertise and practical guidance working on some of the largest and most innovative applications of the tax insurance product to help them navigate their most complex matters. 

Our experience in the tax insurance markets is extensive. We have been committed to this space for many years and continue to support and participate in its growth. We have served as underwriter’s counsel on tax risks totaling in the billions and have counseled insurers and insureds on risks arising from:

• Complex M&A transactions
• Restructurings and reorganizations
• Partnership structures and planning
• International tax issues
• REIT-related matters
• Trust and estate planning
• Transfer pricing 
• Executive compensation and employee benefits issues
• Tax controversy, litigation, and audit matters
• State and local issues
• Renewable energy tax credits
• Individual planning

We have advised on important issues such as: 

• A policy related to historical tax-free restructurings and pre-closing restructuring issues for a large multinational carve-out transaction.
• Numerous policies involving investment and production tax credits, including expansion of such programs under the Inflation Reduction Act of 2022.
• Various policies involving S corporation eligibility in M&A transactions to help avoid escrows or specific indemnities.
• Policies involving the applicability of multistate sales taxes, including for the manufacturing, software, and technology sectors.
• Numerous policies involving complex restructuring transactions and consolidated return issues.
• Policies involving partnership transactions and related partnership tax matters.
• Various policies involving state allocation and apportionment of income from operations and from dispositions of pass-through entities. 
• The negotiation of policies for the availability of state tax credits in state incentives deals.
• Various policies to cover unanticipated income, gift, or estate taxes resulting from the estate plans of high-wealth individuals and families.
• Multiple policies related to employee benefits and executive compensation matters.
• Policies involving spin-off transactions.