Joel Swearingen is an associate in the firm’s Project Finance and Public Finance practice group, representing issuers, underwriters, and borrowers on a variety of public finance transactions. He also has substantial experience in the field of tax withholding and information reporting, both internationally and domestically.
What do you focus on?
My practice includes representing clients on tax matters present in connection with public finance transactions. I also advise clients on the information reporting and withholding responsibilities (imposed by federal tax laws) associated with payments to non-employees, including payments reported on forms 1099 and 1042-S.
I represent issuers in traditional governmental financings, conduit borrowers (mostly 501(c)(3) organizations), and underwriters—all in connection with the issuance of tax-advantaged bonds. I am involved at all stages of the financing to ensure that a project is eligible to be financed with tax-advantaged bonds, that the terms pursuant to which such bonds are issued do not jeopardize the tax-advantaged status of the bonds, and that the bonds continue to qualify as tax-advantaged following the issue date of the bonds.
I encourage compliance with federal tax law limitations by ensuring that my clients understand and are informed about the limits imposed on their tax-advantaged bonds.
Information Withholding and Tax Reporting
I have substantial experience representing clients in connection with international withholding and tax reporting obligations imposed on non-employee payments. My experience includes advising clients on their Chapters 3 and 4 (Foreign Account Tax Compliance Act) withholding obligations with respect to international payments to non-employees as well as their backup withholding obligations on domestic non-employee payments. These issues are a critical consideration for mergers, acquisitions, bankruptcies, debt and equity transactions as well as the majority of everyday business activities.