Tax
About
In our ever-changing international economic environment, tax regimes evolve. Increased globalization creates complex tax issues requiring deep knowledge of national tax laws, tax treaties, information-sharing programs, and a keen understanding of the cross-border tax implications of most transactions. Our clients rely on our extensive experience and technical knowledge, and on our global tax presence for sophisticated and practical advice to reach their business goals. Our lawyers work closely with our other leading transactional practice areas to provide integrated tax advice necessary to successfully complete transactions.
Our capabilities include:
- Mergers & Acquisitions, Spin-offs and Joint Ventures: We advise our clients on the most tax-efficient transactional structures within a single jurisdiction or across multiple jurisdictions.
- Tax Structuring, Restructuring and Insolvencies: We advise corporates, financial institutions, and financial sponsors on tax-efficient ways to structure both cross-border and domestic holdings and investments. We also regularly help clients to restructure these investments in response to changing commercial and regulatory needs.
- Funds: Our tax lawyers work closely with our investment funds global industry group in helping private investment fund sponsors, fiduciaries, and institutional investors in developed and emerging markets to achieve their particular tax and investment objectives.
- Equity Offerings and Debt Financing: We advise our corporate and financial institution clients through offerings in multiple jurisdictions.
- SPAC Formations and Combinations: We advise our clients on SPAC initial public offerings, financings, extensions, business combinations, and liquidations.
- Private Equity: We advise our private equity clients on a broad range of tax issues, including the tax aspects of the acquisition and disposition of portfolio companies and coordinating US and non-US tax aspects of cross-border transactions, as well as incentive compensation arrangements.
- Tax Controversy: Whether a dispute is anticipated, is already at the audit or administrative settlement stage, or has progressed to encompass alternative dispute resolution techniques or litigation, we work closely with our clients to develop the most effective and creative solutions. We also help clients assess their global tax risk and work with them to develop strategies for mitigating that risk.
- Transfer Pricing: Our team of transfer pricing lawyers possesses a comprehensive understanding of the transfer pricing rules and appears regularly before all levels of domestic and foreign tax authorities and competent authorities.
- Private Wealth & Family Office: We advise high-net-worth individuals and families in all aspects of estate planning, estate and trust administration, multigenerational wealth transfer planning, income taxation, estate and gift taxation, the formation and administration of tax-exempt charitable entities, and prenuptial and post-nuptial planning.
AWARDS & RECOGNITION
"They have the bench strength to get the job done no matter the size or complexity of the project."
Chambers USA 2023
"Extremely responsive team that is always acutely aware of our tax sensitivities as a client."
Legal 500 US 2023
"Frequently sought out for its international capabilities and sound profile for advising on complex and high-value transactions."
"Recognized tax expertise, including a focus on restructuring and integration issues arising after cross-border M&A transactions. Demonstrates strength in tax planning and transfer pricing matters, among others."
Chambers USA 2022
"White & Case has a respected team that is able to assist clients with a wide variety of tax transactions. It is noted for its expertise in matters involving real estate, finance and investment funds. The team is especially notable for its work on the tax aspects of emerging market transactions."
Chambers UK 2023
"White & Case LLP advises on corporate and employment tax, corporate structuring issues, and national and international transactions for a range of clients in the financial services, energy and mining, pharmaceuticals and real estate sectors."
Legal 500 UK 2023
Tier 2 – Taxes: non-contentious
Legal 500 US 2023
Best Law Firms: Metro Tier 1 Ranking (Tax Law – New York City)
U.S. News & World Report 2023
Winner of Impact Deal Award for Canadian Pacific Railway acquisition of Kansas City Southern
ITR Americas 2022
Winner of Impact Deal Award for Accor Acquisition Company IPO
ITR EMEA 2022
Winner of Impact Deal Award for Hambro Perks Acquisition Company IPO
ITR EMEA 2022
Sang I. Ji: Leading Lawyer
Legal 500 US 2023
Will Smith: Notable Practitioner
Chambers UK 2023
Aldrin de Zilva: Taxation Partner of the Year
Lawyers Weekly 2023
Sang I. Ji: Leading Individual for Tax
Lawdragon 500 Leading Dealmakers in America, 2022
Kim Marie Boylan: Leading Individual for Tax
Lawdragon 500 Leading Dealmakers in America, 2022
Kim Marie Boylan: World's Leading Advisor
Euromoney's Tax Expert Guide 2022
Scott Fryman: Emerging Leader
The M&A Advisor 2022
Estelle Philippi: Next Generation Partner in Transactional & Corporate Tax
Legal 500 France 2022
Aldrin de Zilva: Chartered Tax Adviser of the Year Award
The Tax Institute 2021
Experience
AMERICAS
In a major acquisition, the acquiring company needed astute tax advice to facilitate the deal. Our tax team provided principal tax advice to Zimmer Holdings Inc., a world leader in musculoskeletal health solutions, in its US$13.5 billion acquisition of Biomet, Inc., one of the world's leading medical device manufacturers.
Tax advice to Newmont Mining Corporation (NYSE: NEM), a gold and copper producer based in the United States with operations worldwide, in connection with its US$10 billion acquisition of Goldcorp Inc. (NYSE: GG, TSX: G), a Canadian senior gold producer.
In a transaction which was named "Private Equity Deal of the Year" by IFLR1000 in May 2020, White & Case represented Brookfield Infrastructure, which partnered with GIC Special Investments, Singapore's sovereign wealth fund, in its US$8.4 billion acquisition of Genesee & Wyoming Inc., a freight railroad owner and operator based in the United States. The Tax team led the planning and negotiation of various aspects of the transaction.
Tax advice to Hertz Global Holdings, Inc. (OTCPK:HTZGQ) and certain affiliates during their Chapter 11 cases and restructuring. At the time of its Chapter 11 filing, Hertz had nearly US$19 billion in debt outstanding while a global pandemic unfolded around it. Our tax advice included advising on all federal income tax aspects of the bankruptcy and restructuring.
White & Case represented Soaring Eagle Acquisition Corp. (NASDAQ: SRNG), a SPAC, in its US$15 billion business combination with Ginkgo Bioworks, Inc., a synthetic biology company, which uses technology to program cells for a potentially wide variety of uses, including fragrances and sweeteners, as well as mRNA vaccines and animal-free proteins. Tax advice included developing and analyzing tax-efficient structures for the SPAC's acquisition of Ginkgo Bioworks and for the sponsor's investment vehicles. Our Tax team also prepared tax disclosure for SEC filings for the transaction.
White & Case served as special U.S. tax counsel to Roivant Sciences, a global biopharmaceutical company, in its US$7.3 billion business combination with Montes Archimedes Acquisition Corp. (MAAC), a listed SPAC sponsor by Patient Square Capital, in a reverse takeover transaction.
Tax advice to CVC Capital Partners in its investment in Authentic Brands Group LLC, a brand management company and owner of a portfolio of brand name companies, including Forever 21, Brooks Brothers, Barneys New York, Lucky Brand and Juicy Couture, valuing the company at US$12.7 billion in enterprise value.
Tax advice to Kansas City Southern Railway Company on its joint venture with NorthPoint Development to develop the master planned Wylie Logistics Park in Wylie, Texas (part of the Dallas metro area), which offers 2.4 million square feet of building capacity for warehousing and distribution adjacent to the David L. Starling Wylie Intermodal Terminal.
Representation of Lantheus Holdings, Inc. (NASDAQ: LNTH), a leader in the development, manufacture and commercialization of innovative diagnostic imaging agents and products, in its acquisition of Progenics Pharmaceuticals, Inc. (NASDAQ: PGNX), an oncology company developing innovative medicines and artificial intelligence to find, fight, and follow cancer in an all-stock transaction.
APAC
White & Case is the lead taxation advisor to Sydney Transport Partners (STP) Consortium. After advising on the successful acquisition of a 51% equity stake in the AUD $25+ billion WestConnex (WCX) business from the New South Wales (NSW) Government, we have been retained as on-going legal taxation counsel to WCX and was retained to advise the STP Consortium in respect of the successful acquisition of the remaining 49% equity stake in WCX. WCX is the largest road infrastructure project currently underway in Australia.
EMEA
White & Case represents the Orpea group in the largest financial restructuring happening in France since the Eurotunnel restructuring. A significant part of this financial restructuring will depend on certain corporate restructuring steps, and the W&C tax team is playing a critical role in defining, securing, and implementing such steps in an efficient manner addressing all financing, corporate, and other constraints.
White & Case represents the family-controlled listed entity Sodexo SA in a major spinoff with the view to separate its Benefit and Reward Services division (BRS) from its main activity and to list this division separately on Euronext Paris. The new spinoff entity's expected value is €5 billion and will represent roughly one third of the total Sodexo group. Our tax team will lead our corporate and capital market teams in the structuring and implementation of the transaction.
Tax advice to Faurecia S.E., one of the world's largest automotive equipment suppliers, on the launch of a public tender offer to all shareholders of HELLA GmbH & Co. KGaA, a family-owned and listed company developing and manufacturing lighting technology and electronic products for the automotive industry, and the acquisition of 60% of HELLA's shares currently held by the family shareholder pool resulting in an overall transaction volume of roughly €6.8 billion.
Tax advice to Adler Group S.A. and its subsidiaries on its successful restructuring, which included amendments to the terms and conditions of certain of its bonds with an aggregate nominal amount of €3.2 billion and the provision of up to €937.5 million of new money funding.
