Joy MacIntyre has a broad-based federal tax practice with an emphasis on tax and estate planning for U.S. and non-U.S. based businesses and individuals. Her practice includes the preparation of wills, trusts, health care directives, powers of attorney, shareholders agreements and buy-sell agreements. She also advises clients in connection with their acquisition, restructuring and disposition of interests in a wide variety of domestic and foreign businesses and investment assets, including real estate, investment funds and operating businesses. Ms. MacIntyre has extensive experience forming partnerships, limited liability companies, Subchapter C and S corporations, real estate investment trusts and tax-exempt entities, and advising those entities and their owners with respect to their ongoing operations within and outside the United States. She has also counseled individuals on pre-U.S. residency tax planning and on the U.S. tax implications of surrendering U.S. citizenship or long-term permanent resident status, including consideration of potential tax treaty benefits.
Prior to joining the Trusts, Estates and Non-Profit Organizations practice, Ms. MacIntyre practiced for over a decade as a member of the firm’s Federal Tax practice group, becoming a partner in that group in 2005. As a result of that experience she not only has substantial expertise in income tax issues impacting businesses and their owners, but is also particularly adept at working as part of a team of advisors within and outside the firm to deliver cohesive, wide-ranging advice on complicated, often multijurisdictional matters. At the same time, having worked on large and small projects for clients across the spectrum of industries and at varying points in their life cycles, she understands the value of advice that is tailored to suit the specific context, and sophistication, of the particular client.
Ms. MacIntyre regularly brings her transaction-based income tax experience to bear on behalf of clients. Representative matters include the following undertaken on behalf of families, multiple generations of whom are clients of the Trust, Estates and Non-Profit Organizations group:
- Advised on the federal income tax consequences of restructuring a family-owned corporation in advance of its initial public offering, including a threshold recapitalization to retain voting control within the family while maximizing the size of the public offering; subsequently advised the family in connection with its charitable contribution of shares to a private foundation.
- Obtained an Internal Revenue Service private letter ruling confirming the income tax-free nature of a spin-off by a corporation majority-owned by family trusts and minority-owned by an employee stock ownership plan (ESOP); led a team of corporate, regulatory and ESOP specialists in implementing the restructuring.
- Advised a non-U.S. family on various aspects of its portfolio of U.S. commercial real estate, including with respect to personal holding company tax minimization, consolidated income tax reporting, income tax aspects of structuring and exiting joint ventures with third parties, and income tax aspects of winding down the U.S. portfolio.
- Advised a non-U.S. individual on the income tax implications of transitioning management authority and share ownership of his offshore corporation into the hands of his children, who are U.S. citizens; coordinated with tax attorneys in the firm’s London office regarding related UK tax considerations.
- Advised on the income tax consequences of gifting an interest in a highly leveraged partnership; modified terms to avoid triggering significant income tax on the transfer.
While attending the New York University School of Law, Ms. MacIntyre was a member of the Moot Court Board, was elected to the Order of the Coif, and served as an editor of the Tax Law Review.