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Weitzman

Howard J. Weitzman

Counsel
Baker & McKenzie (Gaikokuho Joint Enterprise)

Biography

Howard Weitzman is a member of the Firm's Tax & Transfer Pricing Group in Tokyo. With nearly 20 years of experience practicing as an attorney in Tokyo and Washington, D.C., Howard focuses on assisting international clients with tax planning, and more broadly, in resolving complex legal issues in Japan and abroad.

Practice Focus

Howard regularly advises clients based in the US and other jurisdictions on a wide range of international tax issues, including intangible migration, mergers and acquisitions, treaty interpretation and indirect tax (VAT), in addition to providing support in relation to Advanced Pricing Agreements and obtaining competent authority relief. Howard regularly works with his Japanese colleagues to provide seamless and practical legal advice across the full spectrum of areas essential to the operations of multinational corporations, including banking and finance, regulatory issues, intellectual property, contracts and licensing, labor matters, and dispute resolution, to name a few. Howard serves clients in a panoply of industries, including technology, communications, manufacturing, retail and pharmaceuticals.

Representative Legal Matters

  • Routinely assists multinational corporations with establishing operations in Japan; primarily advising with respect to tax, but also advise with respect to corporate, intellectual property, labor, and regulatory issues in connection with ongoing operations.

  • Works closely with Japanese attorneys to provide international corporate clients with practical advice to enable them to solve issues in Japan from a tax, transfer pricing, customs, and general corporate perspective.

  • Advises clients on a range of transfer pricing matters; has continuously represented a publicly listed Japanese automobile manufacturer with negotiation of renewals of its bilateral APA (from both a US and Japanese tax perspective) since 2007.

  • Drafts and reviews agreements, including employment, joint venture, licensing, marketing, distribution, and commissionaire (toiya).

  • Advises international clients on tax planning for expatriates stationed in Japan.

Representative M&A matters include the following:

  • Represented a pharmaceutical company in its USD4.1 billion sale of its medical device business, involving over 20 countries.

  • Represented a technical instrument company’s USD1.1 billion purchase of a medical device business, involving over 30 countries.

  • Represented a pharmaceutical company’s sale of a pediatric formula unit, followed by a USD1 billion IPO.

Professional Associations and Memberships

  • New York State Bar Association - Member
  • New Jersey Bar Association - Member
  • District of Columbia Bar - Member
  • Tokyo Bar Association - Member

Admissions

  • Japan (Attorney at Foreign Law)~Japan (2010)
  • District of Columbia~United States (2008)
  • New York~United States (2000)
  • New Jersey~United States (1999)

Education

  • Georgetown University Law Center (LL.M. Taxation) (2003)
  • Rutgers University (J.D.) (1999)
  • Cornell University (M.P.S. Communication and Japanese Studies) (1995)
  • Cornell University (FALCON Japanese Language Program) (1990)
  • Cornell University (B.S.) (1989)

Languages

  • English
  • Japanese

Previous Offices

  • Washington, DC

Publications

Co-author, "Japan," BNA's Indirect Tax (VAT) Navigator, 2014 (and subsequent updates - 2015, 2016, 2017 and 2018)

Co-author, "Japan," BNA Global Tax Guide, BNA, 2010 (and subsequent updates - 2011, 2012 and 2013)

Contributor, The Taxation of Corporate Reorganizations in Japan, Seibunsha, Tokyo, 2002

Recent Articles

Co-author, "Baker McKenzie Examines Japanese Consumption Tax on Digital Products from Overseas Suppliers," BNA Tax Analysts Worldwide Tax Daily, May 2014

Co-author, "Seeking Certainty -- Advance Ruling Practices," Asia Pacific Tax Bulletin, April 2014