FEI NJ December Professional Development Session

Eric brings a particular proficiency in M&A and tax services to the FBT Gibbons Corporate Group. His experience includes leading buy-side and sell-side clients through international, federal, state, local, and transfer-pricing tax issues, conducting tax due diligence, structuring, and performing integration services for acquisitions of both U.S. and non-U.S. companies, including for deals exceeding $450 million.

Eric is well-versed in conducting tax due diligence and tax structuring services for private equity and strategic clients acquiring stock or assets of U.S. and non-U.S. businesses, especially in the software space. He assists in performing tax due diligence for inbound and outbound transactions, analyzing various tax issues such as sales tax, check-the-box rules, successor liability, the portfolio interest exemption, withholding taxes, permanent establishments, tax treaties qualifications, anti-churning, debt-equity classifications, foreign tax credits, and more. He is well-versed in modeling tax attributes and financial modeling (ability to utilize tax NOLs, R&D credits, bonus depreciation, etc.) and is skilled in drafting stock and asset acquisition agreements, disclosure schedules, Section 1060 allocations, and investment fund agreements. He has also written memoranda on such topics as foreign tax credits, the tax treatment of legal settlements, qualified small business stock, transaction costs, deferred compensation, investment tax credits, up-C transactions, anti-churning issues, and more.

Additionally, he analyzed proposed and final Treasury Department regulations to evaluate impacts on clients’ transactions, and optimized the location of intellectual property and considered the effect of Section 901 on foreign tax credits for licensing intellectual property.

Peter’s experience is in U.S. income taxation of corporations and individuals, including structuring and income tax planning for taxable acquisitions and tax-free reorganizations, incorporations, and the formation of other business entities. As such, Peter works often with tax-free reorganizations, Section 351 transactions, Section 338(h)(10) transactions, the consolidated return regulations, and related provisions of the Internal Revenue Code. Peter is frequently involved in structuring international transactions to take into account tax rules relating to income sourcing, withholding, tax credits, branch profits tax, Subpart F, and the effects of applicable U.S. income tax treaties. Peter also assists a number of nonprofit clients with obtaining and maintaining federal tax-exempt status, treatment of unrelated business taxable income, and planning to minimize the negative implications of UBIT. Counseling for nonprofit clients also includes assisting organizations with registration for solicitation purposes, planning for lobbying and legislative activities, and structuring of affiliated organizations. Other areas of practice include state and local taxation of businesses and individuals including multistate taxation, application of sales and use taxes, and the issue of nexus or taxability of corporations and other taxpayers. Peter is a Certified Public Accountant in New Jersey (inactive) and received an L.L.M. in Taxation from New York University.

Daniel Gibson is a Tax Partner with more than 40 years of public accounting experience (more than 35 of those years with EisnerAmper LLP) advising business owners, executives, and high-net-worth individuals. His practice focuses on income tax planning, retirement planning strategies, wealth transfer planning, and advisory services for closely held businesses and their owners.