Brian Andreoli’s practice focuses on international matters with an emphasis on transfer pricing issues, cross-border tax planning, as well as federal tax matters, state and local tax matters and he handles tax controversies. His controversy practice includes audits, appeals and judicial litigation. He represents corporations and individuals in both civil tax matters and criminal tax matters including voluntary disclosures.

Brian has been a tax professional for more than 30 years, with experience in several of the Big 4 firms, serving as the in-house as director of taxes for a major international pharmaceutical corporation and working with a large international law firm. His experience in corporate audit defense includes transfer pricing, research tax credits, cost segregation, Section 83, entity reduction, post merger integration, general corporate tax and state tax audits including unitary tax, combination cases, sales and use tax and escheat, property, gross receipt and excise taxes.

Brian represents clients in the following areas: pharmaceutical, software, biotech, financial services, computer components, food and beverages, auto and truck parts, electronics, bus manufacturing, shipping, ball bearings, glassware and the manufacturer of private jets. He has tried cases and administrative hearings regarding corporate income tax, sales and use tax, franchise tax and property tax. His experience also includes voluntary disclosure for both corporations and individuals, concerning both civil and criminal penalties. He also has successfully defended clients in money-laundering allegations and misuse of corporate funds. Brian advised clients on obtaining funding for products, real estate or corporate expansion.

He has designed, implemented or defended more than 30 Cost Sharing Agreements (CSAs). While the IRS and non-US jurisdictions have audited such CSAs, there have been no sustained audit adjustments to date. Brian has obtained CSAs for startup, midsize and large pharmaceutical companies, as well as high-value technology and software companies.

Upon audit, all valuations of the buy-in as well as the cost share payments have been sustained as planned, despite initial IRS proposed adjustments. Buy-in payments have involved lump sum payments, a series of payments and royalties (fixed and variable).

He has been listed in the 2008 Guide to the World’s Leading Transfer Pricing Advisers.

Brian is a frequent speaker on international tax issues and transfer pricing matters in the United States, the United Kingdom and Canada, and has spoken on state tax issues in the United States. He is co-author and author of several tax-related articles published in tax publications including Tax Director’s Guide to International Transfer Pricing, 2010.

Brian is a member of the American Bar Association, International Tax Forum and American Institute of Certified Public Accountants. He is a former member of International Committee and State Tax Committee, and former chairman of the Possessions Corporation Committee of the Tax Executive Institute.

Brian was the January 2007 recipient of the National Center for Missing & Exploited Children’s Outstanding Commitment award, and was named a Legal Services NYC 2008 Pro Bono Leader.

Representative Experience

• Establishing the use of an exact comparable in a basket agreement and overturned four audit cycles overturning more than a billion dollars in taxes.
• Refilling and defending new transfer pricing that resulted in tax savings of more than US$70 million per year for a seven-year period.
• Negotiating advance pricing agreements including one with the use of aggregation and rollback to overturned issued adjustments.
• Defending cost-sharing agreements with issued adjustments relating to pharmaceutical and software industries.
• Establishing the existence of network intangibles, two of which overturned proposed adjustments, and established 3 percent and 4 percent as the network intangible in four cases.
• Designing and defending research tax credits at the federal level for pharmaceuticals, biotechs, generics, software and manufacturing concerns.
• Obtaining Connecticut tax rulings on the sales and use tax exemption for compliance with FDA primate regulations.
• Successfully arguing at the California Franchise Tax Board that an affiliate with no independent nexus to California can not be forced into a water’s-edge group.
• Obtaining sales/use tax legislation in Connecticut, Ohio, North Carolina, South Carolina, California, Tennessee, Wisconsin and Virginia.
• Reorganizing transfer pricing of a group and upheld on audit of tax savings in excess of US$300 million dollars.