T.W. Lewis & Co., LLC is a New York law firm that offers legal advice and representation in the following areas:

355 LEXINGTON AVE., 20th Fl.
NEW YORK, NY 10017
(b/w 40th and 41st streets)

TEL: (212) 785 7600
Fax (212) 967 7633


Tax Advisory

We have extensive experience in advising individual and business clients in all aspects of federal, state, local and international tax law.

Tax Advice and Planning

We regularly work with clients to develop tax-efficient structures for their business and real estate acquisitions, operations, restructuring and divestitures, including the use of pass-through entities such as partnerships and limited liability companies and real estate investment trusts. We assist foreign persons with respect to their US tax obligations, such as FIRPTA, and U.S. clients with respect to US tax filing and disclosure requirements and benefits relating to their activities abroad, including tax treaty issues. We also engage in income tax planning for both individuals and businesses.

In addition to the above, the state and local tax matters that we handle also include numerous excise and property taxes imposed at the state and local levels. There are also numerous tax incentives for certain activities related to development of real estate, particularly affordable housing, and certain other activities in designated locations. The tax treatment of particular items and transactions often varies between states and localities, so we also consider those taxes when providing tax advice.

Our tax advice services include:

  • Drafting and review of partnership, buy-sell, compensation, asset sale, licensing and other agreements
  • Obtaining “bulk sale” clearance for a business acquisition
  • Drafting and negotiating private letter ruling requests
  • Providing tax opinions on a wide variety of issues

Support Services for Other Attorneys

For Real Estate Lawyers: Preparation and filing of requests for FIRPTA “withholding certificates” on sales of US real property by foreign persons

For Matrimonial Lawyers: Quantifying tax and time value of money aspects of divorce settlements; unfiled returns; unpaid balances; requests for innocent spouse relief, and qualified domestic relations orders.  When a divorce settlement calls for division of most “qualified plan” pension arrangements (not including IRAs), a court order must be obtained to instruct the plan to divide the pension benefits.  There are many nuances to these documents, as they must be carefully tailored to produce the result desired by the client in a manner that will be approved by the pension plan and the court.  It is important to get us involved early, to ensure that the parties agree to a division of the assets that will be approved by the plan after the judgment of divorce is signed.  If not, the parties could have to re-negotiate and re-litigate the treatment of the pension assets.

Sample Matters

  • Advised a Fortune 100 company on a potential REIT spin-off of its real estate holdings
  • Obtained a private letter ruling allowing an “S” corporation election retroactive to 1999, saving hundreds of thousands of dollars in income taxes, penalties and interest
  • Provided income tax opinions for several condominium offering plans
  • Advised numerous foreign investors on structuring of US real estate investments among foreign and domestic corporations, LLC’s and individual ownership as appropriate
  • Advised various service and restaurant businesses on proper classification of various classes of workers as employees or independent contractors
  • Prepared sales tax returns and advised as to taxability of artwork sales by a foreign business with some US customers and locations
  • Reviewed restricted stock compensation offer provided to US clients by a German publicly held entity considering a purchase of the US clients’ business