Rocco Femia represents large, multinational corporate clients in high-stakes U.S. international tax and transfer pricing planning, controversy, and policy matters. He is a former official at the U.S. Department of the Treasury and delegate to the OECD and brings this perspective to bear in advising clients. Mr. Femia has been recognized as one of the country's leading international tax practitioners by Chambers USA and The Best Lawyers® in America, among others, for over a decade. Mr. Femia was described by clients in Chambers as "a great lawyer and great on the transfer pricing side."
Mr. Femia's practice focuses on counseling and advocacy work on behalf of U.S. and foreign-based multinational enterprises across multiple industries. These projects typically involve complex, highly technical U.S. international tax, tax treaty, and transfer pricing issues often involving hundreds of millions or billions of dollars.
Mr. Femia counsels clients with respect to the implications of international tax developments and enforcement initiatives – including Pillar 2 minimum taxes being considered around the world – on cross-border supply chain, intangible holding, and financing structures. This work has included advice related to restructuring or other planning to avoid inappropriate results, and engagement with policymakers. Mr. Femia's transfer pricing work includes advisory work related to new business arrangements and transfers of intangible property, the negotiation of Advance Pricing Agreements with the IRS and other tax authorities, the resolution of disputes through the Competent Authority or MAP process and the resolution of disputes with the IRS through the administrative Appeals process and litigation.
Mr. Femia has led large teams of attorneys and other professionals in executing these matters, drawing on a pool of talented personnel at Miller & Chevalier and working together with client resources to achieve remarkable results.
- Advice and counseling with respect to the creditability of various corporate income and withholding taxes under the 2022 foreign tax credit regulations.
- Advice and counseling related to IRS examination of transfer pricing issues arising from transfers of intangible property and intra-group financing.
- Advice and counseling related to IRS examination of international tax issues arising as a result of the 2017 Tax Cuts and Jobs Act, including under the Section 965 transition tax.
- Advice and counseling related to a reassessment of supply chain and transfer pricing policies in light of the increasing centralization and digitization of business functions as well as international tax developments, including Pillar 2 minimum taxes.
- Advice and counseling with respect to the treatment of R&D, marketing, and other service fees under the BEAT.
- Counseling with respect to Advance Pricing Agreements involving among other items the allocation of head office expenses.
- Counseling related to numerous requests for relief from double taxation by the U.S. Competent Authority under U.S. tax treaties, including matters involving transfer pricing and limitation on benefits issues.
- Associate International Tax Counsel, U.S. Department of the Treasury, 2003 - 2004
- Attorney Advisor, U.S. Department of the Treasury, 2000 - 2003
- Chambers USA: Tax (District of Columbia), 2010 - 2022
- The Best Lawyers in America®: Litigation & Controversy - Tax and Tax Law, 2009 - 2023
- Legal 500: Tax: International Tax, 2013 - 2022
- Legal 500: Tax: U.S. Taxes: Contentious, 2010 - 2012, 2014 - 2015, 2018 - 2020
- Legal 500: Tax: U.S. Taxes: Non-Contentious, 2018 - 2022
- Washington, DC Super Lawyers®: Tax, 2012 - 2016, 2018 - 2020
- Who's Who Legal: Corporate Tax - Advisory, 2019
- Washington's Top Lawyers: Tax (Washingtonian Magazine), 2018, 2020, 2022
- Member, International Fiscal Association; Member, Council of the DC Region of IFA
- Member, Section of Taxation, American Bar Association
- Member, Taxation Section, District of Columbia Bar; Former Chair, International Tax Committee
- Former Adjunct Professor, Georgetown University Law Center
- District of Columbia