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Information reporting is the backbone of the U.S. tax system. Miller & Chevalier's lawyers have decades of combined experience with the information reporting and withholding requirements of the Internal Revenue Code. The team is nationally recognized for advising payors and other filers with all aspects of information reporting including non-employee compensation, payments to attorneys and doctors, interest and dividends, broker payments of gross proceeds, mortgage interest, third-party payment networks and payment cards, and the Affordable Care Act.
Miller & Chevalier's lawyers also advise U.S. withholding agents and foreign financial institutions on the complicated rules applicable to the withholding and reporting of cross-border payments under Chapter 3 and the Foreign Account Tax Compliance Act (FATCA), including required reporting on Forms 1042, 1042-S, and 8966 and evaluating Forms W-8BEN, W-8BEN-E, and W-8IMY. Miller & Chevalier’s lawyers are regarded as foremost authorities in guiding large multinationals through the complicated process of identifying the appropriate status of their foreign affiliates and foreign vendors under both Chapter 3 and Chapter 4. They bring outstanding knowledge, experience, and a reputation for finding practical solutions to difficult problems.
In addition to our federal practice, Miller & Chevalier has a thorough understanding of state reporting and withholding requirements, including California non-resident withholding and other state withholding provisions. They have advised companies on how to comply with these requirements, as well as how to correct prior mistakes, providing clarity in an environment marked by confusion and a lack of formal guidance from state authorities.
Representative Engagements
- Advised a large multinational retailer on the development of a comprehensive Chapter 3 and Chapter 4 (FATCA) compliance program, registration of foreign financial institutions within its expanded affiliated group, and the application of FATCA regulations and intergovernmental agreements to entities and retirement plans located in several foreign countries.
- Advised a foreign systemically important financial institution on various issues related to FATCA, including application of the grandfathered obligation rules to various financial products and due diligence obligations.
- Advised a private equity fund on the proper FATCA classification and FATCA compliance obligations of various entities and funds located in multiple jurisdictions around the world.
- Successfully represented an energy company in an audit before IRS appeals asserting over $100 million in information reporting penalties and backup withholding failures related to payments of non-employee compensation and payments to attorneys.
- Advised an aircraft charter company during an IRS audit of the proper Chapter 3 withholding and reporting treatment of foreign employees operating aircraft in international travel between the United States and foreign jurisdictions.
- Developed a remediation plan and advised a large national retailer on compliance with California’s nonresident withholding tax regime including the Withholding Voluntary Compliance Program.
Rankings and Recognition
Chambers USA
- Government Relations: Specialist Tax Firms (USA-Nationwide), 2019 - 2023
- Tax (District of Columbia), 2003 - 2023
- Tax: Controversy (USA-Nationwide), 2007 - 2023
- Tax: Corporate & Finance (USA-Nationwide), 2020 - 2023
Legal 500
- International Tax (U.S.), 2013 - 2023
- Tax: Contentious, 2013 - 2023
- Tax: Non-Contentious, 2007 - 2023
International Tax Review
- World Tax (Washington, DC), 2012, 2014 - 2020, 2024
- World Transfer Pricing (National), 2014 - 2020, 2024
- "Americas Tax Awards": Americas Tax Policy Firm of the Year, 2012 - 2013, 2015 - 2016
- "Americas Tax Awards": Washington, DC Tax Firm of the Year, 2013
- "Americas Tax Awards": Washington, DC Transfer Pricing Firm of the Year, 2012
U.S. News - Best Lawyers® "Best Law Firms"
- Tax Law (District of Columbia), 2010 - 2024
- Tax Law (National), 2010 - 2024
News and Events
Events
Speaking Engagement
45th Annual Insurance Tax Conference
Speaking Engagement
Federal Bar Association 2020 44th Annual Tax Law Conference
Speaking Engagement
ABA Section of Taxation 2017 Midyear Meeting
Speaking Engagement
BCBSA 2016 National Tax Conference
Speaking Engagement
2016 Florida Tax Institute
Publications
Internal Publication
EB Flash: DOL Finalizes "Investment Duties" Rule for Selecting and Monitoring ERISA Plan Investments
Internal Publication
EB Flash: Top House Taxwriters Introduce Bipartisan Retirement Legislation
Internal Publication
EB Flash: IRS Updates Section 402(f) Notice For Eligible Rollover Distributions
Internal Publication
EB Flash: Guidance Issued on Single-Employer Defined Benefit Plans Under CARES Act
Internal Publication