Asher Harris Homepage > Specialities: Business Planning

Business Planning and Commercial Transactions

Mr. Harris represents clients in all aspects of commercial taxation. He has extensive experience in the following types of transactions:

• Business formations

  Fundamental choices made in the formation stage of a new business will have an enormous impact on its success. The choice of entity, capital structure, and corporate structure issues should be addressed by a team including a corporate attorney working in close co-operation with a tax attorney.

• Acquisitions

  The acquisition of another entity raises complex tax issues, which should be analyzed carefully. The choice between an asset acquisition or a stock acquisition can have an enormous impact on the purchase price. In addition, the assumption of tax liabilities for prior years, as well as potential indemnification for those liabilities, must be taken into account. Mr. Harris has been involved in mergers and acquisitions for over fifteen years, including extensive experience as a tax attorney with Skadden Arps, one of the world's pre-eminent M&A law firms.

• Investment partnerships

  The formation of venture capital, private equity, or hedge fund partnerships each raise specific tax law issues, which vary based on the fund's specific investment objective. Mr. Harris has extensive experience in the formation of each of these categories of investment vehicles.

• Foreign investments by US investors

  A resident of the US who is investing in a business, real estate, or other type of property must navigate a complex network relating to the interaction of foreign tax law with the US tax treaty system, as well as complex rules regarding the utilization of foreign tax credits. These should be reviewed by carefully by US tax counsel, working in close collaboration with foreign tax advisors.

• Investments in the US by foreign investors

  For non-residents of the US, acquiring US assets can present a number of complex issues, including US withholding tax, and tax treaty issues. Foreign investors in US real estate must also analyze the tax consequences of FIRPTA. In addition, investors in New York must also carefully consider the New York State and City tax consequences of their investment.