Biography

Benjamin Oklan is an associate in Herrick's Tax Department. His practice is primarily focused on transactional matters germane to corporate, partnership and international taxation.

Benjamin represents publicly-traded and private REITs in connection with mergers and acquisitions, restructurings, joint ventures, securities offerings, assets acquisitions, divestitures, and regulatory compliance.  He also advises real estate developers, investors (including specialty investors such as U.S. tax-exempt investors, non-U.S. pension funds and sovereign wealth funds), and funds on the structuring and negotiating of complex real estate transactions including the structuring, creation and financing of joint ventures; the acquisition, development and disposition of assets; UPREIT and DownREIT partnership transactions; the structuring of Section 1031 like-kind exchange transactions and transactions involving tenancy-in-common and long-term leasehold interests; the structuring and regulatory compliance of qualified opportunity zone investments; and matters arising under the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA), the New York City commercial rental occupancy tax regime, and the New York State and City real property transfer tax regimes.

Benjamin also advises private equity sponsors and their portfolio companies on their domestic and cross-border acquisitions, investments, divestitures, joint ventures, financings and restructurings.

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
    • Tax Section
  • California Bar Association