Attorneys

Experience

Rob McGuirk is a partner in the Firm’s Savannah office and chair of the taxation practice group. Rob is a tax professional with over twenty-five years of experience. Earlier in his career, he was a member of the international tax group at PricewaterhouseCoopers and then a tax attorney at Skadden, Arps, Slate, Meagher & Flom  LLP.  Rob later served as the chief tax executive at Telcordia Technologies, a telecom software company, and GenTek Inc., a manufacturer of chemicals and electrical appliance components. Before joining HunterMaclean, Rob served eleven years as executive director of tax and tax counsel for Quest Diagnostics Incorporated, a Fortune 500 company providing clinical diagnostic laboratory services in the healthcare field.

Rob specializes in international, federal, and state tax planning. He has particular expertise in transactions involving mergers, acquisitions, and dispositions. His experience spans the entire life cycle of a typical transaction: tax due diligence/reverse due diligence, structuring, drafting and negotiation, and integration. Rob specializes in the tax aspects of the formation and operation of joint ventures and partnerships as well as the tax aspects of executive compensation and deferred compensation arrangements. Rob also specializes in coordinating and responding to various tax audits (federal, international, state, and local), both at exam and appeals level.

Rob emphasizes collaboration and a team approach to client issues with the objective of identifying and implementing tax planning opportunities that generate value or mitigate tax exposures. He holds a Master of Laws (LL.M.) in Taxation and a J.D. from New York University School of Law. Rob earned undergraduate degrees in Accounting and Philosophy from Rutgers University in New Brunswick, New Jersey, and he is a certified public accountant in Georgia, Maryland, and New Jersey.

Representative Engagements

  • Draft, review, and negotiate tax provisions of various M&A agreements, from buyer and seller perspective (e.g., stock and asset purchase agreements, merger agreements, etc.)
  • Tax planning for international holding company structure (involved holding companies in Luxembourg and UK with an Irish finance subsidiary)
  • Draft and review tax provisions of numerous agreements, including credit agreements, license agreements, vendor agreements, and customer agreements
  • Tax planning for foreign joint ventures (including in Mexico and Brazil)
  • State tax planning involving entity streamlining/entity classification elections resulting in dilution of apportionment factors in high tax states
  • Analyze tax impact of 338(h)(10) election to sellers of Subchapter S corporation doing business in over forty states
  • Restructure pre-existing intercompany debt involving Swedish subsidiary to change currency denomination to avoid adverse tax impact
  • Arrange intercompany loans involving subsidiaries in the United Kingdom, Sweden, and Canada to effectively redeploy cash outside the United States in a tax-efficient manner considering thin-capitalization rules, withholding taxes, and tax credit utilization rules in the different countries
  • Establish tax structure for new operations in China, Brazil, Ireland, and India; draft and implement various intercompany agreements
  • Draft and implement various secondment agreements for expats sent to various countries including Ireland, China, India, and Singapore
  • Coordinate federal and state tax audits, including worker classification and an issue involving characterization of payments under False Claims Act as damages versus penalties at IRS Appeals level and then at the level of the Court of Federal Claims in litigation with Department of Justice
  • Implement hedging policy and “back to back” agreements to push down hedges to foreign subsidiaries and intercompany agreements to “push-down” stock option expense to local subsidiaries
  • Develop company-wide SOP for Medical Device Excise Tax
  • Coordinate financial tax accounting treatment of special transactions, such as treatment of contingent purchase price in asset acquisitions, treatment of R&D, and milestone payments in co-development agreements
  • Implement company-wide roll-out of R&D tax credit at federal and state level upon the introduction of the Alternative Simplified Credit (ASC) regime
  • Draft and review tax provisions of joint venture agreements and analyze related tax issues (e.g., disguised sale rules and treatment of built-in gains)
  • Research and tax planning related to U.S. international tax issues such as Gain Recognition Agreements, Overall Foreign Loss, Branch Loss Recapture, and Dual Consolidated Loss
  • Analyze 382 implications upon NOLs and other tax attributes to be acquired in numerous domestic acquisitions
  • Develop strategy for the unwinding of hundreds of millions of dollars of intercompany debt involving a foreign subsidiary in the context of a disposition of that subsidiary in tax neutral manner
  • Oversee transfer pricing matters/intercompany pricing
  • Lead tax due diligence in numerous stock and asset acquisitions
  • Develop tax structure for various stock and asset acquisitions and dispositions
  • Provide tax advice in respect of executive compensation (409A, 162M)
  • Identified and developed support for worthless stock opportunity
  • Develop “dual partnership structure” for international joint venture
  • Coordinate state tax planning initiatives including sourcing of receipts
  • Unwind Irish Finance branch due to BEPs and UK anti-hybrid rules
  • Implement Country-by-Country Reporting
  • Review federal and state tax returns
  • Review tax provision

Recognition

Martindale-Hubbell: AV Rated

The Martindale-Hubbell® PEER REVIEW RATINGS™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States and Canada.