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Philip Garlett International Tax, Structured Finance, Tax Withholding and Reporting
Washington, DC
Tel – +1 (202) 783-1500
Fax – +1 (202) 783-1523
pgarlett@bsmlegal.com
Philip Garlett joined the firm as a partner in October 2006. He has
an extensive background in international tax matters acquired
through both private and public sector positions.
Prior to joining the firm, Mr. Garlett was the Special Counsel to
the Deputy Associate Chief Counsel (Strategic International
Programs) and the Deputy Associate Chief Counsel (International
Field Service and Litigation) within the Office of Associate Chief
Counsel (International). In that capacity, he served as the office's
international tax shelter coordinator and the National Office
contact for international tax matters arising out of the west coast
region. He advised both National Office attorneys, IRS field
attorneys, and attorneys in the Department of Justice on a broad
range of international issues including foreign tax credits, foreign
currency issues, subpart F and passive foreign investment companies,
dual resident companies, hybrid financial instruments, partnership
allocation issues and many other matters. He also worked on a number
of issues arising out of the Joint International Tax Shelter
Information Centre (JITSIC) and was active in training Chief Counsel
attorneys and IRS examiners in tax shelter strategies. In addition,
he served as the front office reviewer on regulations and other
guidance on non-resident withholding and information reporting
guidance projects.
From 2001 to 2005, Mr. Garlett was the Head of the Harmful Tax
Practices Unit at the Organisation for Economic Co-operation and
Development (OECD) in Paris, France. The OECD is the premier
international organization addressing international tax issues. The
Harmful Tax Practices Unit serves as the secretariat for OECD's
Forum on Harmful Tax Practices which is composed of high-level
government officials from the OECD's 30 member countries who work to
improve tax information exchange and eliminate unfair tax practices
in member countries' preferential tax regimes. As part of his
duties, Mr. Garlett personally conducted negotiations with high
level officials from several offshore financial jurisdictions and
OECD member countries and liaised with other international
organizations, including the EU Commission. He spoke at conferences
around the world including London, U.K.; Brussels, Belgium;
Barcelona, Spain; Hong Kong, China; and Nanjing, China. He also
represented the OECD in its contacts with the business community,
including the OECD's Business and Industry Advisory Committee (BIAC).
Before joining the OECD, Mr. Garlett was a Senior Technical Reviewer
in the IRS's Office of Associate Chief Counsel (International) where
he had primary responsibility for the IRS's efforts to improve
non-resident withholding and information reporting on cross-border
payments. Mr. Garlett was the primary drafter of many portions of
the withholding and information reporting regulations as well as the
Qualified Intermediary Agreement. He also had primary responsibility
for implementing the withholding and information reporting
regulations and the Qualified Intermediary system and negotiated
with banking associations in Europe and Asia as part of those
implementation efforts. He has addressed withholding and information
reporting conferences in the U.S. and abroad, including conferences
in Paris, France; London, U.K.; Amsterdam, the Netherlands;
Frankfurt, Germany; Tokyo, Japan; Hong Kong, China; and Singapore.
He received the IRS Office of Chief Counsel's National Award for
Technical Guidance for his work on withholding and information
reporting.
Mr. Garlett also has had prior experience in the private sector. He
was an associate specializing in international tax matters in the
Washington, D.C. tax boutique firm of Lee, Toomey and Kent and later
was a manager in the Washington National Office of Coopers &
Lybrand. While at those firms his practice covered all the major
areas of international taxation.
Education & Credentials
BA – The Johns Hopkins University (1978)
JD – New York University School of Law (1981)
LL.M. – New York University School of Law (1984)
Bar Admissions
District of Columbia, New York
Publications
- Foreign Sales Corporations: A Tax Strategy for U.S. Exporters,
David M. Benson and Philip L. Garlett, Coopers & Lybrand, 1994
- Final Regulations Under Section 267(a)(3): Timing of Deductions
for Amounts Owed to Foreign Related Persons, William F. Leary and
Philip L. Garlett, Tax Management International Journal, p. 303,
Vol. 22, No. 6 (June 11, 1993)
- Structuring S Corporation Foreign Operations, Edwin J. Reavey,
William F. Leary, and Philip L. Garlett, Journal of S Corporation
Taxation, p. 30, Summer 1993
- Proposed Section 964 Regulations Take First Step in Simplifying
E&P Computations, James A. Riedy and Philip L. Garlett, Tax
Management International Journal, p. 560, Vol. 21, No. 10
(October 9, 1992)
- Procter & Gamble: Foreign Law Precludes Section 482 Allocation,
James A. Riedy and Philip L. Garlett, Tax Management International
Journal, p. 385, Vol. 21, No. 7 (July 10, 1992)
- Civil Penalties for Failure to Comply With Information Reporting
Requirements, Mary B. Hevener and Philip L. Garlett, Tax Executives
Institute, Region VII Tax Conference and Ninth Annual
President's Seminar, Minnesota Chapter, February, 1992
- Taxation of Foreign Insurance Subsidiaries: Section 953, Philip L. Garlett,
Hartford Institute on Insurance Taxation, International
Operations of North American Insurers, April, 1991
- Selected Issues Under Section 953, Philip L. Garlett,
Hartford Institute on Insurance Taxation, Combined Conference on
International Operations of United States Insurers, May 1990
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