Ameek Ashok Ponda

Representative Client Work

• Designed tax structure for over 1,000 M&A deals
• Designed tax structure for first REIT-to-REIT spin-off
• Introduced Irish and Canadian pension plan money into U.S. real estate deals on a tax-efficient basis
• Migrated an onshore fund’s investment in a foreign subsidiary into an offshore alternate investment vehicle
• Implemented efficient tax structures for REIT investing in Canada, Mexico, Brazil, and New Zealand
• Advised U.S. investors on Indian investments, including benefits of a Mauritius, Cyprus or Singapore intermediate holding company
• Defended the portfolio interest exemption from IRS challenge to an Islamic law compliant transaction denominated as a lease rather than a loan

Bar Admissions

• Massachusetts, 1992

Publications

• Mirror, Mirror: Identifying Property In a Reverse Like-Kind Exchange, Tax Notes (July 5, 2010)
• Ameek Ponda on IRS Advisory Board, India Abroad, Quoted (May 14, 2010)
• Taxing Trades Called A Bad Idea, Dow Jones Newswires, Quoted (December 8, 2009)
• Faculty Spotlight on Ameek Ponda, Adjunct Professor of Law, Boston University School of Law Alumni Newsletter
• Getting Personal: Tax Rule May Take Gleam Off Citi Trades, Dow Jones Newswires, Quoted (June 30, 2009)
• A Newer Form of Business Ownership May Offer Your Clients Substantial Benefits, Private Wealth Magazine, Quoted (October 2008)
• IRS Enhances Opportunity for U.S. Multinationals to Access Cash from Controlled Foreign Corporations, Practical U.S. /International Tax Strategies (October 2008)
• 'Funds of Funds' Tax Loophole Closes, Quoted (July 10, 2008)
• IRS Rules that Long Position in a Swap Referencing a Broad-Based US Real Property Index is Not a US Real Property Interest for FIRPTA Purposes, Quoted (July 8, 2008)
• Foreigners Investing in U.S. Benefit From New Tax Rule, Quoted (June 25, 2008)
• 'Informed boldness' is needed for international M&As, Boston Business Journal (June 8, 2007)
• Panel: Landscape for Indian Investment Changing, IndUS Business Journal, Quoted (May 15, 2006)
• "IRS Enhances Opportunity for U.S. Multinationals to Access Cash from Controlled Foreign Corporations," reprinted in Bailout Tax Briefing: A White Paper, at p.5 (WorldTrade Executive, eds., 2008)
• "Important Energy-Related Tax Measures Included in Bailout Legislation," reprinted in Bailout Tax Briefing: A White Paper, at p.14 (WorldTrade Executive, eds., 2008)
• "Is a ‘GmbH & Co KG’ a Corporation or Partnership for US Tax Purposes?," AFIRE News (January/February 2007)
• "REITs Abroad," Practicing Law Institute’s Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2006 (September 2006)
• "Top 10 Mistakes in Negotiating US Acquisition Agreements," Businessworld Online (November 2005)
• "Foreign Pension Plan Investments in U.S. REITs," 74 Tax Notes 1593 (March 24, 1997)
• "Using Qualified Personal Residence Trusts," 67 Tax Notes 947 (May 15, 1995)
• "Family Partnerships: Classification Problems and Other Selected Income Tax Issues," ALI-ABA Sophisticated Estate Planning Techniques (September 9-10, 1994)
• "Choice of Entity for Family Ventures," ALI-ABA Sophisticated Estate Planning Techniques (September 9-10, 1993)
• "Economic Inconsistencies in the Taxation of Currency Swaps," 57 Tax Notes 1795 (December 28, 1992)
• "An Empirical Analysis of Taxes, Government Spending, and Private Consumer Behavior in the United Kingdom" (1989) (manuscript on file in Pusey Library, Harvard College)

Client Advisories

• Internal Revenue Service and Treasury Offer Breaks Under Loss Limitation Rules Amid Financial Crisis
• IRS Enhances Opportunity for U.S. Multinationals to Access Cash from Controlled Foreign Corporations
• U.S. Supreme Court Accepts Certiorari in Municipal Bond Case; Consider Filing Now to Preserve Interest on Refund Claims

Teaching & Speaking Engagements

• "Roundtable Discussion: Timber REITs," REITWise® 2010: NAREIT’s Law, Accounting & Finance Conference (March 2010)
• "Path to a Post-Financial Crisis World: Preparing for Changes in Our Economy," South Asian Bar Association of Greater Boston (March 2009)
• "Tax Issues for Overseas Investors in U.S. REITs," Moderator, NAREIT 2009 Law & Accounting Conference, La Quinta, CA (March 2009)
• "The Economic Challenges Facing the Obama Administration," The Association of Latino Professionals in Finance and Accounting (December 2008)
• Ameek Ashok Ponda Interviewed on WGBH's "Greater Boston" (December 2008)
• "Going Global: Middle Market Opportunities," ACG Growth Conference, Boston, MA (June 2008)
• "Diverse Perspectives on Current South Asian Legal Issues," Boston University School of Law SALSA Panel (April 2008)
• "Latest Developments in India's Real Estate Industry Sector," ATLAS Information Group, New York, NY (April 2008)
• Speaker, American Bar Association’s Tax Panel, Boston, MA (March 2008)
• "Legal Issues for Entrepreneurs," TIE Young Entrepreneurs, Waltham, MA (February 2008)
• "REITs Abroad," Boston Tax Forum, Boston, MA (October 2007)
• "Financial, Tax and Legal Issues in Off Shore Timberland Investment," World Forest Institute, Portland, OR (September 2007)
• "Get Into Global Markets: Bringing Indian Business to Massachusetts," South Asian Bar Association of Greater Boston (July 2007)
• "Attracting Foreign Capital to Invest in U.S. Real Estate," NAREIM, Chicago, IL (June 2007)
• "Legal, Tax and Financial Strategies for Doing Business in India," Moderator, ATLAS Legal, New York, NY (April 2007)
• "Timber Sector Issues," Moderator, NAREIT 2007 Law & Accounting Conference, Miami, FL (March 2007)
• "Cross Bordering Lawyering," National Business Institute’s International Taxation Seminar, Newton, MA (September 2006)
• "State of the Economy," Moderator, ACG Growth Conference, Boston, MA (June 2006)
• "Globalization Business Roundtable," CNBC Telecast, India (May 2006)
• "Tax Issues for Overseas Investors in U.S. REITs," Moderator, NAREIT 2006 Law & Accounting Conference, La Quinta, California (March 2006)
• "Globalization Strategies for Emerging Corporates: Operationalizing Winning Strategies," Citigroup Commercial Banking Group, Thought Leadership Roundtables, Mumbai and New Delhi, India (February and May 2006, October 2005)
• "Expanding in India," IndUS Business Journal Seminar, Boston, MA (February 2006)
• "The Legal Perspective on Investing in Asia," Harvard Business School Asia Conference (February 2005)
• "Real Estate Investment Trusts: Critical Issues and Solutions for the Non-US Investor," Committee on U.S. Activities of Foreigners & Tax Treaties, American Bar Association, 2005 Section of Taxation Midyear Meeting, San Diego, CA (January 2005)
• Adjunct Professor, Boston University Graduate Tax Program seminars in Business Tax Planning, Corporate Mergers and Acquisitions, and International Transactions

Awards & Honors

• Best Lawyers in America (2008-2011)
• Boston Business Journal's 40-under-40 (2007)
• Massachusetts Super Lawyers (2004-2009)
• Chambers USA, Leading Lawyer in Tax (2006-2010)
• Legal 500 U.S. (2007-2010)

Professional & Civic Activities

• American Law Institute
• American, Massachusetts and Boston Bar Associations
• National Association of Real Estate Investment Trusts
• International Fiscal Association
• National Tax Association
• Internal Revenue Service Advisory Council (IRSAC) 
• Charter Member and former Secretary, The Indus Entrepreneurs-Boston
• South Asian Bar Association
• Adjunct Professor, Boston University School of Law
• Editor, Peace and Democracy in South Asia Journal
• Language Instructor in Hindi, Shishu Bharati (Indian Sunday School)

Education

• LL.M., Taxation, valedictorian, Boston University School of Law, 1996
• J.D., magna cum laude, Harvard Law School, 1992
• B.A., summa cum laude, Harvard College, 1989