The Okoshken Law Firm is a "boutique" firm located in central Paris, offering customized tax and legal services to individuals, business entities and not-for-profits. Our "niche" practice focuses on the legal and administrative needs of U.S. and other expats. Among our lawyers is an American lawyer who is a member of the New York and Paris Bars, a French lawyer who is a member of the Paris Bar, and a British lawyer who is a member of the Bars of England and Wales and of the Paris Bar. We also have tax advisors within our group. For services we do not offer on site, such as divorces, we recommend competent counsel with whom we have a working relationship.
Our Services Include:
Real Estate: Assistance and advice when purchasing a French residence is one of our specialties. We will guide you through the maze of dealing with the Notaire, negotiating the deal, vetting the promesse de vente or compromis the vente and finally, if necessary, assisting you at the real estate closing. Sale of real estate, creating real estate holding companies, estate planning for real estate holdings, with their tax and legal implications are all within our bailiwick.
Estate Planning: Drafting wills and trusts including planning for forced heirship issues, or assisting your local U.S. or other foreign counsel in this exercise. We prepare revocable living trusts as well as irrevocable trusts, including Life Insurance Trusts. We advise on tweaking or amending a U.S. or other estate plan to take into account French requirements. We help to maximize the interaction between French estate and gift rules and U.S. estate and gift rules. We advise on the tax aspects of receiving a gift or bequest from abroad. We advise on maximizing the use of the internal French inheritance and gift laws, and assist in U.S. and French probate matters.
Estate Matters: Death and taxes, both inevitable. Aside from estate planning, we assist the family in meeting its estate tax obligations on both sides of the Atlantic, working with Notaires and/or Probate Counsel in the U.S.
Income Tax Planning: Our clients want to understand the French income tax system before moving to France, as well as their continuing filing obligations with the States (U.S. citizens or resident aliens), not to mention the interaction of the two systems. Change of job calls for compensation planning and taking advantage of French income tax benefits. Gifts or inheritances may have future income tax (and wealth tax) implications; and of course creating and operating a French business or a U.S. business involves income tax as well as other tax considerations, such as social security costs, dividend payments, partnership distributions, et al.
Compensation Planning: Compensation packages can and should be structured with an eye to tax saving. Not only tax rules, but labor laws and rules need to be taken into account in drafting or assessing such plans. Our clients are usually Americans assigned to work in France, but include French who are assigned to work in the U.S. Our knowledge of both legal and tax systems makes us an effective partner in maximizing financial and other benefits for the parties.
Tax Treaty Analysis: International tax planning requires a working knowledge of relevant income tax and estate and gift tax treaties. No plan can be complete without considering tax treaty implications.
Income Tax Returns: Preparation of U.S. income tax returns, French income tax returns, U.S. trust returns, U.S. corporate returns, and estate tax returns and gift tax returns. Analysis of tax equalization or tax reimbursement plans.
Routine and Complex Tax Audits: We represent clients at tax inquiries and audits by the French fiscal authorities and from the I.R.S.
Wealth Tax Planning: The French wealth tax (ISF) is often of major concern for those about to move to France or those already living in France, but whose situations change. Pre-move wealth tax planning is essential. Pre-move re-structuring of assets can have significant tax saving, as can amending the wills and trusts of those who intend to make gifts or bequests to you in the future to implement tax-saving measures.
Labor Law Problems: An employee who is threatened with firing or dismissal should know his or her rights under French labor law. What often appears to be an attractive severance package may fall short of what is required by law. Likewise, when an employer, whether domestic or foreign, decides to dismiss an employee, the employer must know in advance the impact of French collective bargaining agreements ("conventions collectives") and whether the French labor court (Conseil de Prud'Hommes) would hold favorably for an employee in a litigation. Many if not most labor issues are resolved amicably, and we are expert in negotiating settlements. We also advise on how a labor settlement may be structured for maximum tax saving.
Immigration Assistance: When an employee is being sent abroad by his employer, when an individual wishes to move to France to take up employment with a French employer, or when an individual wishes to move to France to set up a French company of his own or a self-employed activity, work permits and resident cards should be one of the first considerations. Taking advantage of the U.S.-French Social Security Treaty, known as the Totalization Agreement, is available in many cases, offering the employer and employee significant cost savings. Retirement to France requires immigration assistance (as well as income tax, estate tax and wealth tax planning, and often involves purchase of a residence.)
Business Planning and Planning for Tax-Exempts (NGOs): Creation of U.S. companies, French companies, including subsidiaries or branches. Planning for and structuring French tax-exempt entities (1901 "Associations") and gaining U.S. tax exemption under Section 501(c)(3) of the Internal Revenue Code.
Social Security: We advise clients who seek to benefit from the cost-cutting features of the U.S./France Social Security Treaty, including obtaining a Certificate of Coverage.
Litigation: Rarely is a life litigation-free. Our clients take comfort in the fact that we have an in-house litigation specialist as well as outside counsel ready to work with us for our clients’ benefit. We are skilled at pre-trial negotiations, trial strategy and court procedure.
How We Are Different
- We have more than 35 years of experience in dealing with local and international tax, estate planning, labor business and visa issues of U.S. expats and other expats in France as well as other typically expat matters as income tax returns and purchasing real estate in France. In that sense, we are a "one-stop shop".
- We are a "boutique" firm. Working as a team, we emphasize personalized service. We seek creative solutions that fit each client's particular needs. A client is assured of being served by the top person in each department.
- With our U.S.; U.K. and French training and experience, we are responsive and imaginative in the way clients expect from their professional advisors in an international setting.