Photo of Paul  Barba

Paul Barba

Associate

Education

University of Montana, B.S. in Business Administration, with high honors

Boston University School of Law, J.D.

New York University School of Law, LL.M. in Taxation

Bar Admissions

New York

Profile

Paul advises individuals, entrepreneurs, private equity investors, private and public companies, and financial institutions on tax disputes and planning, particularly those involving international tax issues. Paul focuses his practice on international tax, cross‐border investments and reorganizations, trusts, expatriations, IRS voluntary disclosures, and FATCA. He regularly helps clients evaluate and implement tax‐related structures for U.S. domestic and international mergers and acquisitions for various purposes, including optimizing effective tax rates, protecting against the estate tax, lowering U.S. tax compliance burdens, implementing estate and repatriation plans, and addressing FIRPTA issues.

Significant Cases

  • Advised a Canadian‐based private equity group on its U.S. real estate investments to lower U.S. tax compliance burdens, effectively address FIRPTA issues, and protect against the estate tax.
  • Advised a Silicon Valley‐based company on the applicability of the anti‐inversion rules, I.R.C. § 367, and subpart F. Represented a Canadian company in an acquisition by a publicly‐traded U.S. corporation.
  • Advised U.S. citizens and green card holders on the exit tax.
  • Represented U.S. citizens and green card holders in IRS voluntary disclosures.
  • Reorganized privately‐held foreign corporations and partnerships to reduce the net‐effective tax on income earned and distributed to their U.S.‐citizen owners.
  • Advised and implemented pre‐immigration planning for future U.S. residents to address estate tax exposure, increase tax efficiencies, and reorganize foreign legal structures to reduce administrative burdens.
  • Advised on U.S.‐inbound investment for foreign persons, including the use of foreign trusts, grantor trusts, U.S. partnerships and LLCs, and U.S. corporations.
  • Draft cross‐border trusts for holding U.S. real estate.

Media Mentions

  • Andrew Velarde, Expat Liable for U.S. Exit Tax on Installment Sale Proceeds, 2016 WTD 13‐2 (Feb. 1, 2016) (quoting Paul Barba).
  • Matthew R. Madara, Practitioners Seek Changes to Proposed Expatriate Gift Tax Rules, 2016 TNT 4‐3 (Jan. 7, 2016)
    (quoting Paul Barba).

Seminars & Presentations

  • Presenter, Cross‐Border Opportunities, American Chamber of Commerce in Canada – Western Chapter, Edmonton & Calgary, AB, Canada (Oct. 24 & 26, 2017).
  • Presenter, U.S. Reorganization Rules Simplified for Canadian Tax Practitioners, Canadian Bar Association, Calgary, AB, Canada (Feb. 29, 2016).
  • Speaker, Public Hearing on Proposed Regulations: Guidance Under Section 2801 Regarding the Imposition of Tax on Certain Gifts and Bequests From Covered Expatriates, Department of Treasury, Internal Revenue Service, Washington D.C. (Jan. 6, 2016).
  • Presenter, Cross‐Border Planning: Common Issues for Practitioners, The Canadian Institute, Calgary, AB, Canada (Dec. 8, 2015).
  • Presenter, FATCA Hurdles Faced by Depository and Investment Entities, The Canadian Institute, Toronto, ON, Canada (Mar. 25, 2015).

Publications

Articles & Publications

  • Coauthor, Comments on the IRS Proposed Regulations Under § 2801, 2015 WTD 247‐43 (Dec. 25, 2015).
  • Coauthor, FATCA in Canada: Analyzing the Canadian Implementing Legislation’s Restriction on the Class of Entities
    Subject to FATCA, 62:3 CANADIAN TAX JOURNAL 587 (2014).
  • Updated IRS Streamlined Filing Program: Snowbirds Beware, 2014 WTD 204‐20 (Oct. 21, 2014).
  • Coauthor, Leaked and Buried – Canada Puts FATCA Deal at Risk, 2014 WTD 63‐3 (Apr. 2, 2014).