Michael Silva focuses his practice on international tax law, with emphases on US investment structures, cross-border tax issues, tax treaty planning, withholding obligations of US real property investments and US activities of foreign banks. He has significant experience providing counsel in connection with the Foreign Account Tax Compliance Act (FATCA), a complex, unilateral US tax legislation that imposes third-party reporting obligations on global financial entities.

As a part of his practice, Michael:

  • Advises Brazilian and Asian investors and funds on investments in US real estate projects
  • Assists multinational corporations seeking to establish a business presence in the US
  • Establishes foreign trusts, corporations and advises clients on gratuitous transfers of wealth, including the US reporting requirements imposed on foreign trusts with US beneficiaries
  • Advises financial institutions, insurers, broker-dealers, custodians, funds, fund advisers and managers, trust companies and other financial intermediaries in connection with the requisite protocols and procedures to validate compliance with FATCA requirements
  • Advises clients in connection with local law and cross-border issues resulting from FATCA, such as conflicts of interest, privacy, data protection and transfer, client consents and complaints, consumer protection, regulatory interaction, account opening/closing requirements and nationality discrimination and reputational risk
  • Assists local governments and industry groups entering into IGAs and structuring operations to obtain alternative FATCA classifications
  • Assists international banks on US loans and other US activities
  • Advises foreign clients on the US income, estate and gift tax consequences of alternative inbound investment structures while utilizing income, estate and gift tax treaties to minimize tax and regulatory burdens
  • Represents US, Brazilian and Asian investors in the Angolan markets, including the telecomm, petroleum and mining, real estate, healthcare and farming sectors
  • Advises on all aspects of withholding obligations on dispositions of US real property interests
  • Represents estates of foreign and domestic decedents with property located in multiple jurisdictions
  • Represents financial institutions in connection with payments made to nonresident aliens and beneficiaries of nonresident alien decedents
  • Advises on domestic wills, trusts and other testamentary documents, including charitable, personal residence and qualified domestic trusts