Biography

Benjamin Oklan is an associate in Herrick's Tax Department. His practice is primarily focused on corporate, partnership and international taxation. His experience encompasses a wide range of U.S. and cross-border transactions including entity formation, mergers and acquisitions, joint ventures, debt offerings, financings, restructurings, reorganizations and spinoffs, with a particular emphasis on the real estate sector.

Benjamin’s representative experience includes advising on:

  • a spinoff transaction in which the liabilities exceeded basis of the transferred property;
  • restructuring a U.S. real estate venture with foreign investors to prevent recognition of FIRPTA gain;
  • structuring and facilitating a foreign mezzanine financing for a U.S. real property development;
  • a REIT’s disposition of assets in an $8.4 billion combination/spinoff;
  • a 1031 like-kind exchange of a $49.5 million rental property; and
  • the FATCA and FBAR reporting obligations of foreign trusts.

Benjamin also has experience counseling clients through all stages of a tax controversy from audit through litigation. He coauthored the Fifth Circuit brief in Entergy v. Commissioner and an amicus curiae brief to the Supreme Court in PPL Corp. v. Commissioner - both regarding the application of foreign tax credit rules to the U.K. Windfall Profits Tax.

While attending law school, Benjamin was a judicial extern for the Honorable James Lambden in the California State Court of Appeals, 2nd Division, in San Francisco, California.

Memberships & Associations

  • New York Bar Association
  • California Bar Association