Rocco Femia represents large, multinational corporate clients in high-stakes U.S. international tax and transfer pricing planning, controversy, and policy matters. Mr. Femia 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 was named one of the country's leading practitioners in the field of taxation by Chambers USA: America's Leading Lawyers for Business 2010 to 2020, and one of the Best Lawyers in America® from 2009 to 2021. Clients quoted by Chambers have said that Mr. Femia is noted for his "great reputation as an international planner."
Mr. Femia's practice focuses on counseling and advocacy work on behalf of U.S. and foreign-based multinational enterprises. 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 has counseled clients with respect to the implementation of the new U.S. international tax rules enacted in the 2017 Tax Cuts and Jobs Act (TCJA), including the section 965 transition tax and the new GILTI and BEAT regimes. 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.
- Advice and counseling related to a reassessment of supply chain and transfer pricing policies in light of the changes under the TCJA, including the GILTI regime.
- Advice and counseling with respect to technical issues arising under the transition tax, including the definition of cash equivalents.
- Advice and counseling with respect to the treatment of R&D, marketing, and other service fees under the BEAT.
- Counseling and advocacy related to the unintended consequences of the GILTI and BEAT regimes, including engagement with policymakers.
- 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 - 2021
- The Best Lawyers in America®: Litigation & Controversy - Tax and Tax Law, 2009 - 2022
- Legal 500: Tax: International Tax, 2013 - 2021
- Legal 500: Tax: U.S. Taxes: Contentious, 2010 - 2012, 2014 - 2015, 2018 - 2020
- Legal 500: Tax: U.S. Taxes: Non-Contentious, 2018 - 2021
- 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
- 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