Tax Insurance Policy Underwriting

Holland & Knight's Tax Insurance Policy Team counsels taxpayers on the purchase of insurance in conjunction with a variety of tax positions, advises underwriters in issuing policies and assists insurers in the claims process.

Our lawyers have a deep understanding in all areas of tax, particularly in subspecialty areas in which tax insurance is frequently sought. Our Tax Insurance Policy Team draws from our experienced Representations and Warranties Insurance Team to support our policy underwriting practice. Together, we represent most of the leading transactional insurance carriers in analyzing and underwriting tax insurance issues.

Our Tax Insurance Policy Team includes attorneys from a range of key related practice areas, including the following:

Renewable Energy Tax Credits

Holland & Knight has developed an active and innovative practice to help clients capitalize on a number of available renewable energy tax credits and grants. Our Renewable Energy Tax Credit Team assists clients in all aspects of such tax credit transactions, including structuring the transactions, organizing investment and operating entities, securing debt financing and negotiating contracts with other parties. Our team has engaged in groundbreaking transactions, including providing critical tax opinions for the corporate investors in the first privately syndicated photovoltaic solar facility investment funds ever created. We regularly collaborate with members of our firm's Energy and Clean Technology Team to provide clients with comprehensive representation for all of their transactional needs.

Energy/Oil and Gas Tax

With one of the preeminent energy, oil and gas practices in the world, Holland & Knight is at the forefront of tax issues involving a wide variety of energy transactions, both domestic and international. Our attorneys advise companies of all sizes on tax-efficient options and strategies for acquisitions, dispositions, joint ventures and sharing arrangements, including all tax aspects unique to the oil and gas industry, such as intangible drilling costs, depletion, production payments and net profits interest structures.

Real Estate Tax Credits

Holland & Knight tax lawyers have been active counselors on New Markets Tax Credit (NMTC) transactions since the program's inception and represent all parties in NMTC transactions: community development entities, investors, lenders and qualified active low-income community businesses (QALICBs). In each of the last several years, we have closed more than 150 separate low-income housing tax credit transactions and have dealt with virtually all of the tax and business problems that can arise in structuring these transactions. In addition, our lawyers devise creative deal structures and investment strategies for projects utilizing historic rehabilitation and other tax credits, which are vital tools for historic preservation, economic revitalization and commercial redevelopment in communities throughout the U.S.

Transactional Tax Planning

Holland & Knight's attorneys provide creative tax advice in corporate and general business matters, helping companies form, reorganize and, when necessary, dissolve their business entity structures to take maximum advantage of increasingly complex tax laws. Our lawyers represent clients in forming and structuring partnerships, limited liability companies, joint ventures, private equity funds and Up-C transactions in a variety of industries. We also have a wealth of experience structuring transactions and solving issues arising in the context of S corporations. We develop optimal structures for business operations and investment, with clients ranging from large industry partners and institutional investors to private partnerships and individuals.

International Tax

Holland & Knight's International Tax Practice encompasses transactional planning, structuring, compliance, audits and litigation around the globe. Our attorneys advise on sophisticated transnational joint ventures, corporate restructurings, transfer pricing matters, tax withholding under applicable treaties and an array of other financing transactions. Our international tax lawyers also provide estate planning guidance for foreign nationals and have substantial tax litigation experience that includes a number of high-profile cases.

State and Local Tax

Holland & Knight's tax attorneys help clients plan and structure their transactions to achieve optimal state and local tax (SALT) efficiency. We also advocate for clients in the resolution of a wide range of SALT disputes with state comptrollers, county appraisal districts and other taxing authorities. Our lawyers have extensive SALT experience in a number of key industries and states, including Florida, Texas, New York, California and many others.

Employee Retention Credit

The Coronavirus Aid, Relief and Economic Security (CARES) Act authorized a refundable tax credit important to many employers who struggled during the pandemic. This valuable, refundable tax credit was available for 2020 and through September 2021 to employers who were suspended as a result of a government order or suffered a decline in gross receipts. We can assist clients in determining whether they are eligible for this credit, and because our lawyers and professionals played a role in crafting this legislation, we have carefully monitored all IRS guidance related to this credit.

Tax Audits and Controversy

We advise and represent clients in audits, administrative appeals and litigation with federal, state and local taxing authorities. Our cases often address complex and novel tax issues that set precedent and decide important industry issues.