Alston & Bird’s tax group has the broad range of tax skills necessary to help you manage your domestic and global businesses in an ever-changing business world. We have extensive experience providing business transaction, dispute resolution, tax legislation, and regulatory services, both domestically and overseas. Honored as “Law Firm of the Year” in Tax Law in the 2020 edition of U.S. News – Best Lawyers “Best Law Firms,” we provide efficient and innovative strategies to appropriately manage and minimize the impact of U.S. and foreign taxation to your business.
The strength of our practice group is borne of the depth of its collective, substantive knowledge, coupled with our attorneys’ knowledge of industry and business norms, strong client relationships, and historically sophisticated deal flow and controversy work. We provide practical advice to your challenges, and through our leadership positions, we gain access to current tax developments and tax officials on behalf of our clients. We also maintain strong global relationships with tax firms in all major countries, enabling us to provide our clients with on-the-ground international tax developments, as well as sophisticated tax insights and advice on matters of foreign tax law affecting our clients’ cross-border transactions and operations.
Many of our tax attorneys serve on industry boards and are relied on by publications to provide insight on breaking developments. We are consistently rated among the best tax counsel in the U.S. A significant number of our lawyers have been listed in The Best Lawyers in America, Euromoney’s Guide to the World’s Leading Tax Advisors, Chambers Global, and Chambers USA. Several of our team members have been elected fellows of the American College of Tax Counsel.
Federal & International Tax
Businesses often find themselves in the crosshairs of tax authorities. You need skilled, responsive, and cost-efficient advice. Alston & Bird has a highly acclaimed, diversified tax practice covering every area of tax law. Our tax practice is both national and international in scope, with a truly global clientele.
Inbound Taxation
- Advised a major foreign multinational group in the financial services area on its internal restructurings and treaty tax planning.
- Advising a major foreign banking association on the IRS Qualified Intermediary system and the Foreign Account Tax Compliance Act (FATCA).
- Provided tax opinions on a foreign investment in a master limited partnership in both physical and derivative form.
- Advising on structuring of U.S. operations to avoid “permanent establishment” issues under relevant tax treaties.
- Tax advice for U.S. restructuring by foreign family offices and high-net-worth private clients.
Outbound Taxation
- Significant structuring/planning for a private investor’s activities in numerous jurisdictions in Europe, Asia, and South America.
- Advised a U.S. group on a new tax-advantaged supply chain structure.
- Tax planning to mitigate adverse tax problems under the CFC and PFIC regimes.
Tax Controversy
- Representing a U.S.-based company on a multimillion-dollar refund action in federal court.
- Handled a tax audit for a U.S. multinational resulting in a 100 percent concession by the IRS of a proposed multimillion-dollar assessment.
- Handling a matter at IRS appeals involving the highly complex dual consolidated loss rules.
- Handling a $250 million debt/equity classification case before the IRS.
- Representing a number of high-net-worth clients in the IRS Voluntary Disclosure Program on their offshore accounts and assets.
Financial Services
- Advising on the restructuring of a $300 million PIK note for a U.S. public company.
- Advising on cross-border financing transactions for major U.S. banks.
- Represented a major independent energy company in the tax aspects of unwinding a complex, hybrid bond structure.
- Representing a major hedge fund and private equity funds with their structures and strategies, including tax advice on behalf of foreign and tax-exempt investors.
- Advice provided to securitization and trustee clients, as well as to banks, on REMICs, offshore CDOs, commercial lending, and other financing structures.
- Provided advice to a U.S. company in structuring, designing, and implementing a highly tax-advantaged deferred compensation “long-term incentive plan” for senior executives.
Real Estate
- Structured U.S. real estate funds on behalf of foreign investors and global private equity funds on behalf of U.S. investors.
- Handling a $40 million issue arising in an IRS audit of a REIT.
- Representing significant public REITS in qualification issues, including the handling of a multimillion-dollar audit.
M&A
- Advising on a $30 million tax-sharing agreement dispute arising out of a spun-off subsidiary of a U.S. multinational company.
- Represented a publicly held German biotech company in a spin-off transaction.
- Advised on the implementation of an acquisition structure involving a recapitalization and management rollover.
- Represented a U.S. company in the tax-free combination of its two U.S. consolidated groups.
- Advised a U.S. group on a complex restructuring of its capital structure in anticipation of an IPO.
- Represented a U.S. multinational company in a large asset/interest sale.
- Handled the acquisition of a $600 million manufacturing facility through a Chapter 15 bankruptcy, with attention paid to carryover of tax attributes to the buyer.
Transfer Pricing
- Highly sophisticated transfer pricing advice for major Asian and European manufacturing companies, including the securing of bilateral and multilateral advance pricing agreements.
- Represented a foreign multinational client in connection with a proposed IRS transfer pricing assessment of $800–900 million, which resulted in a complete withdrawal by the IRS of its proposed assessment.
Highlights
Alston & Bird Advises EverBank Holdings on $150 Million Private Offering
Alston & Bird advised EverBank Holdings on a $150 million private offering of its 8.375% fixed-to-floating rate subordinated notes due 2034. A Florida-based bank holding company, EverBank Holdings conducts its banking operations through its wholly owned subsidiary, EverBank N.A.
Alston & Bird Shortlisted in Tax Innovator of the Year Category for ITR’s 2024 Americas Tax Awards
Alston & Bird was nominated to the short list of firms for the Tax Innovator of the Year award presented by International Tax Review (ITR) at the 2024 Americas Tax Awards.
Jack Cummings to Receive Inaugural Award for Excellence in Tax Commentary from Tax Notes
Jack Cummings, counsel in the firm’s Federal & International Tax Group, has been selected as the inaugural winner of the 2024 Tax Notes Award for Excellence in Tax Commentary. This award recognizes individuals who advance the tax profession for the betterment of the tax community.
Alston & Bird Represents Platinum Equity in Acquisition of Majority Interest in Horizon Organic and Wallaby
Alston & Bird served as debt financing counsel to Platinum Equity in its acquisition of a majority interest in leading dairy products brands Horizon Organic and Wallaby from Danone.
International Tax Advisory: Seeking Shelter in Your International Tax Safe Harbors, Even if They Are Temporary
Our International Tax Group provides an overview of a pair of safe harbors the Organisation for Economic Cooperation and Development has provided for large multinational enterprises during the transition to the Pillar 2 global anti-base erosion rules beginning next year.
Federal Tax Alert: Transition Tax Goes to the Supreme Court
The Supreme Court will review a Ninth Circuit decision in Moore v. United States that affirmed application of the "transition tax" under Section 965. In the event a pro-taxpayer decision results, our Federal & International Tax Team urges taxpayers who paid transition taxes to consider filing protective refund claims now.
Federal Tax Advisory: The Inversion Sweet Spot
Our Federal Tax Group finds the sweet spot for corporate inversions.
Federal & International Tax