Tax issues and corporate transactions go hand in hand. Milbank's Tax Group advises clients on the tax matters relevant to their M&A, private equity and corporate restructuring transactions.
We advise our clients on tax issues relating to mergers and acquisitions, joint ventures and both majority and minority equity investments. Whether the transaction is a taxable asset or equity sale, a tax-free reorganization or a tax-efficient spin-off or split-up, our tax attorneys have the experience that comes only from years of working on the most complicated, cutting-edge transactions. From the early stages of drafting letters of intent and creating the most tax-efficient structure for a proposed transaction, to documentation and negotiation of the investment, to execution and post transaction integration issues, we work as a team with our corporate colleagues to assist our clients in all aspects of an investment.
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Our tax attorneys provide value-added advice and counseling for our private equity clients. Whether we are advising clients in connection with the formation of new funds, supporting our private equity clients in acquiring new investments or selling or restructuring existing investments or advising private equity fund clients in connection with a public offering, our understanding of our clients’ business objectives and knowledge of what needs to be done to achieve those objectives make our tax attorneys a key part of the Private Equity team. Our highly skilled tax attorneys in the UK and Europe allow us to deliver the comprehensive advice often sought by our sophisticated fund clients, that often have significant non-US investors, and are regularly involved in cross-border investments.
Our expertise in financial-restructuring-related tax matters is second to none. We have represented the official court appointed creditors’ committees in America’s most significant bankruptcy proceedings, including Lehman Brothers, Enron and REFCO, and have represented the debtor in Long Term Capital Management’s liquidation. In addition to participating in these landmark in-court restructurings, we also regularly advise clients seeking to restructure existing indebtedness through a less costly out-of-court process such as a consent solicitation or debt buyback. Our tax partners are current and former co-chairs of the New York State Bar Association Tax Section Bankruptcy and NOL committee. Our partners regularly participate on panel discussions, and have authored numerous articles, on bankruptcy and financial restructuring matters, including complex issues such as tax sharing arrangements in bankruptcy and tax issues specific to financially troubled banks and other financial institutions. The community of tax lawyers that specialize in the restructuring of financially troubled companies is fairly small and within that group our Tax team has distinguished itself through our experience and creative solutions.