Andrew Kreisberg's practice focuses on domestic and international tax law, with an emphasis on the formation and operation of investment funds and joint ventures.
Andrew regularly represents sovereign and sovereign-related entities in investments in private equity, real estate and other alternative investment entities. These clients include sovereign wealth funds in Asia and the Middle East, Asian and Middle Eastern central banks, European foundations and endowments, and trusts affiliated with wholly owned entities of non-US sovereigns.
Andrew has worked extensively with both domestic and international sponsors to establish equity and other investment funds. In these transactions, Andrew is often responsible for examining and coordinating advice on domestic US and non-US tax issues, and developing the most advantageous fund structures to minimize the tax burdens on investors.
Andrew also works extensively on transactions involving real estate investment trusts, or "REITs", both public and private, with particular focus on issues relevant to cross-border investors.
Andrew's experience extends to stock and asset acquisitions, including tax-free reorganizations and restructurings. Many of these transactions are cross-border deals that required complex structuring to accommodate the business and tax considerations of the parties involved.
Clients rely on Andrew's expertise regarding the tax issues particular to non-US banks, non-US pension plans, non-US endowments, as well as private equity, real estate and other investment funds, for their compliance and transactional concerns, including with respect to the Foreign Account Tax Compliance Act (FATCA).
Recent matters include the representation of:
A quasi-governmental entity in its US$69 billion acquisition of a 70% ownership interest in a public company.
A private equity fund in its formation of a US$1.5 billion infrastructure fund.
A sovereign wealth fund in the investment in the first assisted living facility in Manhattan.
A private equity fund in its purchase of operating assets and entering into of a long-term lease of certain fiber-optic assets, opposite a publicly traded REIT, along with associated restructuring transactions (an "Opco/Propco" transaction).
A sovereign wealth fund in the private offering by Empire State Realty Trust, Inc. (ESRT) (NYSE: ESRT), a real estate investment trust with office and retail properties in Manhattan and the greater New York metropolitan area (including the Empire State Building).
A private equity fund in its formation of a US$2 billion fund focused on the travel industry.
A sovereign wealth fund in connection with various wind and solar farm acquisitions in the United States.
"The Effect of Transfer Restrictions on Continuity of Interest," 2010 TNT 148–7
"Guaranteed Payments for the Use of Capital – Interest or Distributive Share," 2011 TNT 129–2