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James H. Barrett

Partner
Baker & McKenzie LLP

Biography

James Barrett is a partner in the Miami office tax department and is a senior editor for Baker McKenzie North America Tax Practice Group's Tax News & Developments. He is the immediate past chair of the Florida Bar Tax Section. Jim advises on United States federal income tax planning focusing on outbound and inbound international tax issues. He has extensive experience in: (i) tax planning associated with cross-border mergers and acquisitions; (ii) structuring offshore operations of and repatriations by US multinationals; (iii) advising clients with regard to tax issues arising in the use of partnerships in international transactions, and (iv) addressing issues relating to debt and equity investments in the US. He also advises on state and local tax issues particularly relating to tax issues concerning the State of Florida. Jim is recognized in Chambers USA for Tax in the Band 1 category, the highest ranking available.

Jim is the co-founder and chairman of the board of directors of CasaBlanca Academy, Inc., a school which, for over nine years has provided a comprehensive program to address the unique sensory, perceptual and motor planning difficulties that are experienced by many children with autism. Jim also is a member of the External Advisory Board for the Duke Institute for Brain Sciences at Duke University. Jim is an adjunct professor at the University of Miami School of Law and an adjunct professor at the University of Florida School of Law.

Practice Focus

Jim advises on United States federal income tax planning focusing on outbound and inbound international tax issues with a specific emphasis on the taxation of partners and partnerships. He also advises on state and local tax issues particularly relating to the state of Florida. He has extensive experience in: (i) structuring offshore investments and transactions by US multinationals; (ii) tax planning associated with cross-border mergers and acquisitions; (iii) advising clients with regard to tax issues arising in the formation, operation and liquidation of partnerships; and (iv) addressing issues relating to debt and equity investments in the US.

Representative Legal Matters

  • Advised on all aspects of a tax-free spin by a US multinational public company.
  • Advised on all aspects of an IP migration by a US multinational public company.
  • Provided tax advice regarding partnerships and negotiated partnership agreements. Advice included addressing tax allocation issues, contributions to partnerships, partnership distributions and partnership mergers. Also included inbound and outbound tax planning associated with utilizing partnerships.
  • Advised on offshore investments of US closely-held entities. Modified structures into more tax-efficient structures from a US and foreign tax perspective.
  • Advised on investments in the US by foreign clients. Advice included utilization of debt and pass-through entities to minimize US taxes and minimizing US taxes from the sale of US real estate investments.
  • Advised a Caribbean government on international tax legislation and statutes for business entities.
  • Advised on state and local tax issues for clients.

Professional Associations and Memberships

  • American Bar Association - Director, Section on Taxation
  • International Fiscal Association - Member
  • Florida Bar - Tax Section - Long Range Planning Committee, 2010 - present
  • Florida Bar - Tax Section - Secretary, 2010 - 2011
  • Florida Bar - Tax Section - Treasurer, 2008 - 2010
  • Florida Bar - Tax Section - Director, Federal Tax Division, 2005 - 2007
  • Florida Bar - Chair
  • Florida International Bankers Association (FIBA) - Member

Corporate Responsibility

  • Co-founder and Legal Counsel to CasaBlanca Academy Inc., which provides a comprehensive program to address the unique sensory, perceptual and motor planning difficulties that many children with autism and developmental challenges have.
  • Adjunct  Professor, University of Miami School of Law, "Taxation of International Transactions in Latin America"

Admissions

  • Florida~United States (1984)

Education

  • New York University (LL.M.) (1985)
  • University of Chicago (J.D.) (1984)
  • Duke University (A.B.) (1981)

Languages

  • English
Presentations

Co-presenter , "Cuba Update," Baker McKenzie’s 17th Annual International Tax & Trust Training Program, Coral Gables, Florida, 28 October 2016

Moderator, "Reorganizations, Spinoffs and Restructurings: Tax, Compliance and Corporate Advantages and Considerations," ACC South Florida's 7th Annual CLE Conference, Vote USA 2016: In-House... Your Voice and Your Vote Matters, Hollywood, FL, 30 September 2016

Panelist, "What is Involved in Successfully Completing a Spin-Off? Getting to Day One," Bloomberg BNA Transforming Enterprises: Unlocking Value through Spin-Offs, New York, NY, 29 September 2016

Publications

Co-author (with Steven Hadjilogiou and Sean Tevel), "The Benefits of Tax Planning as Part of the Acquisition of an International Business," The Florida Bar Journal, January 2013

Co-author (with Steven Hadjilogiou), "Tax Benefits and Obstacle to US Business in Transferring Foreign Intellectual Property to Foreign Affiliates," Florida Bar Journal, Volume 86, No. 5, May 2012