Biography

Nate Smithson’s practice focuses on federal income tax planning for corporations, partnerships and limited liability companies. Such planning includes formations (including the use of IC DISCs), acquisitions, roll-ups, divisions and both taxable and tax-free reorganizations.

Nate also frequently is engaged to structure executive compensation arrangements for clients, with a specific focus on drafting and negotiating partnership equity and phantom equity compensation plans, including the use of “profits interest” or “carried interest” arrangements, and stock option plans.

Practice Experience

  • Drafting and negotiating complex private equity transaction agreements and providing advice on efficient tax structuring.
  • Extensive planning for private equity investment in portfolio companies, including advice relating to alternative and parallel investment vehicle holding structures and complex stock and asset acquisitions.
  • Planning with respect to elections under Sections 336(e) and 338(h)(10) of the Internal Revenue Code with respect to acquisitions of S corporations.
  • Drafting and negotiation of complex equity or phantom equity incentive plans (including “profits interests” or “carried interests”).
  • Planning to maximize investors’ ability to exclude gain from the ultimate sale of qualified small business stock (QSBS).
  • Structuring joint venture investments with private investments firms and operators to develop oil and gas working interests, including the formation of oil and gas tax partnerships.
  • Planning to enable clients to maximize available deductions attributable to intangible drilling costs (IDCs).
  • Creation of interest charge domestic international sales corporations (IC DISCs) to enable US companies with international sales to mitigate the US tax burden on sales to foreign countries.
  • Outbound international tax planning, including moving businesses and business opportunities to offshore jurisdictions and ensuring the effective use of treaty jurisdictions.
  • Inbound international tax planning, including managing withholding tax rates for foreign investors through portfolio interest or the usage of blocker entities.
  • Providing support for tax-deferred transactions, including like-kind exchanges.
  • Structuring transactions to most effectively use the credits and grants available with respect to renewable energy transactions, including with respect to the creation of wind farms, management of solar panel-based communities, and the manufacture and sale of biodiesel and similar fuels.

News & Events

  • Publication

    Tax Deductions are Available for Taxpayers with Hurricane Harvey-Related Damage and Loss

    Read more
  • Publication

    The IRS Has Extended Tax Deadlines for Victims of Hurricane Harvey

    Read more
  • Client Results

    Jackson Walker Represents Buyer in Largest U.S. Ranch Sale of 2017

    Read more
  • Publication

    Nate Smithson Provides an Update on Tax Reform

    Download PDF
    Read more
  • Client Results

    Jackson Walker Represents Air Medical in Sale to Global Company

    Read more
  • Attorney News

    Nate Smithson Outlines Potential Tax Changes Under the New Administration

    Read more
  • Client Results

    Jackson Walker Represents Velocis in Formation of $270 Million Real Estate Private Equity Fund

    Read more
  • Attorney News

    Jackson Walker Congratulates Its 2016 Best Lawyers in Dallas

    Read more
  • Client Results

    Jackson Walker Represents Virtus in Financing and Development of Illinois Assisted Living and Memory Care Facilities

    Read more
  • Press Releases

    Jackson Walker Represents Tabernus in its Acquisition by Regenersis

    Read more
  • Client Results

    Jackson Walker Represents Prophet Equity in its Acquisition of Brown Brothers Asphalt and Concrete

    Read more
  • Client Results

    Jackson Walker Represents Fiduciary Financial Services of the Southwest in Acquisition by Wunderlich Investment Company

    Read more
  • Spotlight

    Jackson Walker Named Among 100 Best Law Firms for Female Attorneys by ‘Law360’

    Download PDF
    Read more
  • Press Releases

    Jackson Walker Represents Kalon Biotherapeutics in Sale to Fujifilm

    Read more
  • Press Releases

    Jackson Walker Represents CommZoom Communications in $8.4 Million Equity Funding

    Read more
  • Press Releases

    Jackson Walker Represents Stratex Oil & Gas in Joint Development Agreement

    Read more
  • Press Releases

    Jackson Walker Represents Virtus in $80 Million Acquisition of Vermont Senior Living Portfolio

    Read more
  • Press Releases

    Jackson Walker Represents Scott Felder Homes in Acquisition by BR Homebuilding Group, L.P.

    Read more
  • Press Releases

    Jackson Walker Represents Prophet Equity in its Acquisition of Acton Mobile

    Read more
  • Press Releases

    Jackson Walker Energy Transaction Featured as Texas Lawyer ‘Deal of the Week’

    Read more
  • Press Releases

    Jackson Walker Represents Prophet Equity in Formation of $345 Million Private Equity Fund

    Read more
  • Press Releases

    Jackson Walker Named A Texas Powerhouse by ‘Law 360’

    Read more
  • Press Releases

    Jackson Walker Represents Slaughter and Stanley Construction in Sale to LineStar Services

    Read more
  • Press Releases

    Jackson Walker Represents Zachry Engineering Corporation in Strategic Acquisition

    Read more
  • Press Releases

    Jackson Walker Represents Virtus in Joint Venture for Development of Senior Living Facilities

    Read more
  • Press Releases

    Jackson Walker Represents Energy Startup in $500 Million Private Equity Funding

    Read more
  • Press Releases

    Jackson Walker Named a “Go-To Law Firm for the Top 500 Companies” in Litigation

    Read more
  • Press Releases

    Jackson Walker Congratulates Its 24 ‘Super Lawyers – Rising Stars’

    Read more
  • Press Releases

    Jackson Walker Represents Nationstar Mortgage Holdings Inc. in its Acquisition of Equifax Settlement Services

    Read more
  • Press Releases

    Jackson Walker Advises J.B. Poindexter on $200 Million Senior Note Offering

    Read more