About Us
The Okoshken Law Firm is a "boutique" firm, offering customized
tax and legal services to individuals, business entities
and not-for-profits. Our "niche" practice addresses most
of the legal and administrative needs of expats from America
and other countries. We have U.S. and French lawyers on our
staff. For the services we do not offer on site, such as
divorces, we help our clients find competent counsel. Our
four lawyers are members of the French Bar and three of us
(the Americans) are also admitted to practice in one or more
Bars in the U.S. The most recent addition to our staff is
a French lawyer, who brings an additional range of specialties,
including labor law, French contract law, litigation, as
well as adding extra technical French law expertise in other
areas of our work. Three highly trained and experienced paralegals
augment us with the following services: tax return preparation,
tax treaty analysis in an international tax setting, analysis
of compensation packages, tax calculations in a variety of
situations that arise when an individual is moving to France,
departing from France, changing jobs, etc., and they assist
in the creation of U.S. corporations and French corporations.
Our Services Include:
Real Estate: Assistance in the purchase of a French residence is one of our specialties. We will guide you through the maze of dealing with the Notaire, negotiating the deal, analyzing 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 - whether Life Insurance Trusts or otherwise. We can advise you
on conforming a U.S. or other estate plan to French norms. 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, including the recent massive inheritance law changes, which
took effect in January 2007, and the U.S./France Treaty changes that took
effect in December 2006. Assisting in U.S. and French probate matters.
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
often have income tax implications, and of course creating and operating
a French business or a U.S. business involve income tax as well as other
tax considerations, such as social security costs, dividend payments, or
partnership distributions.
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.
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 an essential.
Structuring of assets can have significant tax saving impact.
Labor Law Problems: An employee who is threatened with firing or dismissal
should know his or her rights under French labor law. Often, what appears
to be an attractive severance package may fall short of what is allowed
by law or otherwise. 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 in a litigation. Many if not most labor issues are resolved amicably.
Likewise, how can a labor settlement 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
great 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, which is a subject in itself).
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").
Creation and on-going legal issues involving their management.
Social Security issues under the Social Security Treaty.
Litigation: Rarely is a life litigation-free. Our clients take comfort
in the fact that we have in-house a litigation specialist, skilled at pre-trial
negotiations, trial strategy and court procedure. When the subject is outside
of our expertise, we co-counsel with excellent French specialists, while
maintaining oversight in the case.
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