Taxation both Domestic & International
Mr. Lehman’s general tax practice has consisted of a wide range of representation acting as counsel in both the criminal and civil tax areas. In the domestic tax area, he has represented clients in almost every type of commercial endeavor. This has resulted in a familiarity and use of every form of entity for tax planning purposes. This includes among others limited partnership, limited liability companies and domestic and foreign corporations and trusts.
In the criminal tax area Lehman works along side of criminal defense lawyers so that creative tax theories can be blending with the strongest defense of constitutional rights. This often results in potential criminal cases being dismissed at administrative levels.
South Florida is a major center of international trade and investment. Mr. Lehman’s international practice spans the globe. This has resulted in Lehman’s representation of foreign investors giving tax and practical advice in acquiring and selling a wide range of commercial businesses and other U.S. investment assets. This includes not only the acquisition and sale of active businesses in the U.S. but also investments in all fields of real estate including raw land, shopping centers, commercial office buildings, condominiums, residential apartments, residential homes and the like.
In addition, Mr. Lehman has provided legal advice to Americans expatriating from the United States and have extensively restructured many non-residents’ holdings in conjunction with their immigration to the United States. A very unique set of tax laws applies to non-resident aliens and foreign corporations in both the income tax and estate tax areas that provides for both tax traps and successful tax planning opportunities.
He has also represented numerous Americans working and investing outside the United States taking full advantage of another unique set of tax laws. Americans investing and working outside of the United States may benefit from excluding certain income earned outside of the U.S. or deferring the taxation of such income until a later point in time. At the same time there are tax traps for American investors investing internationally that must be avoided.
Estate & Gift Taxation; Litigation, Strategy and Trusts Estate Administration
Since Mr. Lehman’s early days in the Internal Revenue Service as an estate and trust specialist, he has continued an active estate and trust practice. South Florida is a fertile field for the many tax issues that arise due to the need for tax planning involving multi-million dollar estates and resolving the inter family contests that often arise when substantial fortunes are involved. This sophisticated estate tax planning has made the appropriate use of almost every tax planning tool ranging from private annuities to limited partnerships, charitable trusts and foundations and the like and trusts of all sorts. This has resulted in the savings of millions of tax dollars on behalf of his clients.
Insofar as the probate controversies, Mr. Lehman has resolved several major cases in the South Florida area for very well known affluent clients. These are cases that involved large sums of money and inter family strife that often leads to years of protracted and expensive litigation, unless treated properly. Due to this significant experience and knowledge of both the law and the human dynamics of such cases, Mr. Lehman has successfully brought many to a speedy resolution and short-circuited years of expensive and emotionally draining litigation.
Specialty Areas of Tax Law
- Tax Refunds of Ponzi Scheme Losses and Clawbacks
- IRS Amnesty Programs including the new Streamlined Filing Compliance Procedures
- Foreign Account Tax Compliance Act (FATCA)
- Offshore Voluntary Disclosure Program (OVDP)
- Foreign Financial Institution Reporting (FFI)
- United States Taxation of Foreign Investors
- United States Tax Benefits for Exporting (IC-DISC)
- Pre-Immigration Tax Planning
- Foreign Investments in United States Real Estate
- Foreign Investment in Real Property Tax Act (FIRPTA)
Richard S. Lehman is familiar with, and has handled matters in all areas of the tax law including;
- corporate reorganizations,
- partnership tax law,
- estate and gift taxes, trusts,
- limited liability companies,
- individual income taxes,
- corporate income taxes,
- capital gains taxes,
- tax exemptions and deductions,
- the innocent spouse laws,
- real estate taxation,
- criminal tax abuses,
- tax shelters, abusive tax shelters,
- procedural issues dealing with Statutes of Limitations, and other procedural matters affecting depreciation,
- accounting methods,
- withholding taxes, tax basis,
- tax credits,
- cancellation of indebtedness income,
- carrybacks and carry overs, claim of right doctrine,
- collections, dividends,
- tax fraud defense,
- tax free exchanges,
- corporate reorganizations,
- foreign tax credits,
- generation skipping transfers,
- information returns,
- net operating losses,
- tax penalties, refunds and credits, and numerous other areas of the law.
Mr. Lehman believes in sharing his knowledge to those who are interested in the complex topic of United States taxation. He offers on-demand presentations at no cost. The entire collection can be viewed at USTaxLawSeminars.com