Andrew R. Ben-Ami

Partner

P 212.216.8025   F 212.216.8001
1350 Broadway
New York, NY 10018

 
P 212.216.8025   F 212.216.8001   abenami@tarterkrinsky.com

Andrew R. Ben-Ami leads the Tax Practice Group at Tarter Krinsky & Drogin LLP. He has extensive experience in tax planning for businesses, individuals and tax-exempt organizations.

Andrew advises clients on a broad range of federal, state and local tax matters.  He also represents clients in tax examinations and controversies before the Internal Revenue Service and state and local tax authorities.

Before joining the firm, Andrew was a partner at Heller Ehrman LLP. He also worked in the tax practice of a national accounting firm.

Representative Matters:

  • Formation of corporations, partnerships and limited liability companies for new business and investment transactions, including advice on choice of entity, and drafting of related agreements.
  • Structuring business and investment transactions such as corporate and partnership acquisitions and business reorganizations to achieve favorable tax results, including drafting tax allocation and cash distribution provisions.
  • Advising businesses on operational and employment tax issues.
  • Formation of tax-exempt entities, as well as other issues affecting tax-exempt organizations, especially matters involving unrelated business taxable income and investments.
  • Advising on state and local tax planning, including review of exposure for income taxes, review of sales tax exposure, and personal income tax residency.
  • Planning for estate and gift taxes, including drafting of trusts and restructuring of closely-held businesses to minimize taxes.
Education
  • Lehigh University, B.S., Accounting, 1977
  • Syracuse University College of Law, J.D. 1980
  • Georgetown University Law Center, LL.M., Taxation, 1981
Admissions
  • New York
  • U.S. Tax Court
Memberships
  • American Bar Association
  • New York State Bar Association
  • American Institute of Certified Public Accountants
Articles
  • State Withholding Taxes: Who, What, Where
  • The TKD Trust & Wills Advisor - Opportunities for Estate and Gift Tax Savings
  • The TKD Advisor: Tax Benefits May Mitigate Tax Losses
Speaking Engagements

Andrew has lectured on issues involving tax-exempt organizations at conferences sponsored by New York University and the New York State Bar Association, among others.

  • apple seeds LLC

    apple seeds LLC is a growing organization that provides indoor playground facilities, classes, birthday parties and other activities. As an emerging and growing business, apple seeds needed a business-minded legal partner who understood the challenges of being a middle market business. They needed help building the company from the ground floor up, and providing a solid foundation for future growth.  

News

Events

  • Article by Andrew Ben-Ami on Significant Upcoming IRS Audit Rule Changes for Partnerships and LLC’s Featured in Wealth Strategies Journal

    Wealth Strategies Journal featured an article by Tax partner Andrew Ben-Ami that discusses significant IRS rule changes for partnerships and LLC’s that are certain to go into effect next year. The article examines how those changes will impact the 2018 tax year and present owners with new decisions about how to handle IRS audits and any adjustments that may be required. Andrew recommends that every partnership and LLC should consider revising their agreements to adapt to the new rules since failure to do so not only may lead to disputes among partners, but could also impact buyers and sellers of partnership interests.

  • Is Your Partnership Ready for IRS Audit Changes?

    Businesses across the nation are buzzing about Congressional action on tax reform - action that may not even occur. And yet, many partnerships and limited liability companies (LLCs) have not yet delved into significant IRS audit rule changes that are certain to go into effect next year. The changes, which will impact the 2018 tax year for partnerships and LLCs, will present owners with new decisions about how to handle IRS audits and any adjustments that may be required.

  • Supreme Court Rules that 401(k) Plan Sponsors Have an Ongoing Duty to Monitor Investments (Tibble v. Edison)

    The Supreme Court unanimously decided that separate and apart from the selection of investment choices, a retirement plan fiduciary has a "continuing duty" to monitor investments and remove imprudent ones.

  • IRS Announces New Audit Initiative: Compliance Review Strongly Recommended to Avoid Severe Adverse Tax Consequences

    The Internal Revenue Service (IRS) recently announced that it will begin conducting focused audits aimed at determining compliance with Internal Revenue Code Section 409A.   Section 409A is a complex and easily overlooked provision of the tax law which can result in draconian penalties.  For this reason, we strongly recommend that our clients become familiar with the law, and review their existing documents now to avoid these penalties. 

Education
  • Lehigh University, B.S., Accounting, 1977
  • Syracuse University College of Law, J.D. 1980
  • Georgetown University Law Center, LL.M., Taxation, 1981
Admissions
  • New York
  • U.S. Tax Court
Memberships
  • American Bar Association
  • New York State Bar Association
  • American Institute of Certified Public Accountants
Articles
  • State Withholding Taxes: Who, What, Where
  • The TKD Trust & Wills Advisor - Opportunities for Estate and Gift Tax Savings
  • The TKD Advisor: Tax Benefits May Mitigate Tax Losses
Speaking Engagements

Andrew has lectured on issues involving tax-exempt organizations at conferences sponsored by New York University and the New York State Bar Association, among others.