Tax General Overview
The Tax Practice Group provides representations to clients in a range of tax issues. Brach Eichler’s tax lawyers are integral members of the firm’s teams involved in corporate, limited liability company and partnership start-up structures, including preferred capital and returns, unique capital structures and profit owners, as well as normal business transactions. Beyond the start-up structuring, the tax practice group does ongoing income tax planning for a diverse range of businesses including limited partnerships, limited liability companies and venture capital companies; and state and local tax planning for corporate, partnership, limited liability companies and other unincorporated business organizations.
Because of the comprehensive nature of Brach Eichler’s real estate and commercial practices, our tax lawyers have a depth of experience in structuring like kind tax exchanges of real estate or other assets and complicated business transactions to meet the business objective of our clients in a tax-efficient manner. We play an active role with financial institutions, investors and real estate developers in a variety of real estate transactions, including the acquisition and disposition of real estate and businesses. Because of the comprehensive nature of Brach Eichler’s representation of health care businesses, including hospitals, ambulatory surgical centers, diagnostic imaging centers, other care facilities and physician practice groups, our tax lawyers have considerable experience dealing with the unique issues dealing with the structuring and operation of such businesses.
We also work with real property owners in developing and implementing innovative strategies for dealing with potential income tax recapture from a restructuring of existing mortgage debt. In developing these plans, our lawyers work closely with Brach Eichler’s real estate and corporate attorneys and often are responsible for overseeing both the planning and detailed implementation of the structures. As part of our responsibilities, we both draft and negotiate the income tax disclosures in private securities disclosure documents and draft and negotiate the tax allocation and dispute provisions regarding taxes in a variety of corporate and other tax-oriented agreements.
Brach Eichler’s tax lawyers also have broad experience in dealing with tax issues that can be brought to bear on complicated transactions. We bring a highly developed knowledge to corporate merger and acquisition transactions and transactions involving partnerships, limited liability companies and S corporations. We have resolved problems involved in the organization, operation and division or dissolution of corporate joint ventures, contributions of leveraged property to UPREITs and the tax partnerships.
In addition to tax planning for ongoing business transactions, we work with the Wills, Trusts & Estates Practice Group to develop tax strategies for clients’ personal affairs and transactions. We are involved in structuring family limited partnerships or family limited liability companies and in developing other sophisticated techniques for the proper tax-efficient transfer of businesses or personal investment assets.
The Tax Practice Group has applied to the IRS and received numerous grants of tax exempt status for foundations and charitable organizations of all types including scholarship funds, disaster relief and organizations and family foundations.
Tax Controversy & Litigation
Brach Eichler’s Tax Controversy group consists of an experienced team of tax and litigation attorneys. We have tried many cases at both the State and Federal level and have been involved in solving some of the most difficult tax issues. Our active controversy and litigation practice keeps us at the forefront of expanding administrative and judicial practices and procedures, strategy, and tactics.
Our attorneys have extensive experience and proven skills that enable us to handle a wide range of tax dispute issues for our clients including:
- Pre-controversy tax advice
- IRS audits and administrative appeals
- Handling cases in both state and federal court
What separates Brach Eichler’s tax controversy lawyers is our unique experience and particular skills, as well as assistance provided by our colleagues in other practice groups. These qualities provide us with a valuable resource available to represent our clients in the most effective way.