Scott Semer is a partner in the tax group in the New York office. He advises pension plans and Sovereign Wealth Funds on investment in the United States and around the world. Scott has extensive experience negotiating and structuring real estate joint ventures, including the use of public and private REITs. He has advised international clients investing in infrastructure projects in the United States and worldwide, both directly and through infrastructure-targeted private equity funds. He also advises multi-national corporate clients on a wide variety of international transactions, including public and private mergers, reorganizations, restructurings and acquisitions.
Scott has also structured hedge funds and private equity contributions and his practice focus includes structured products, asset securitization vehicles, receivables financings and a variety of financial derivatives.
Representative Work
- Served as principal tax advisor for the Cadillac Fairview Corporation with respect to the acquisition of a 49% joint venture interest in a private REIT owning the Queens Center in New York City.
- Served as the principal U.S. tax advisor for the Miami Access Tunnel consortium, comprised of Meridiam Infrastructure, Bouygues Travaux Publics and Transfield Services Ltd. for the design, build, finance, operation and maintenance of the US$1 billion greenfield Port of Miami Tunnel project. The project presented numerous novel tax issues involving the U.S. federal income taxation of public private partnerships financed with availability payments. This project was awarded in 2009 the Americas PPP Deal of the Year by each of Project Finance International and Project Finance magazine.
- Served as principal tax advisor to Lone Star Real Estate Fund with respect to the acquisition through a private REIT of a portfolio of senior care communities located throughout the U.S.
- Served as U.S. tax advisor to Westmont Hospitality Group and the Caisse de dépôt et placement du Québec with respect to investments of over $1 billion in multiple U.S. real estate portfolios through private REITs.
- Served as principal U.S. tax advisor to the Public Sector Pension Investment Board with respect to its investments in a variety of private equity funds and loan portfolios.
- Served as principal U.S. tax advisor to Starwood Capital with respect to the sale of its interest in a multi-property private REIT for approximately $310 million.
- Served as U.S. tax advisor to Barrick Gold Corporation in its successful US$10.4 billion takeover bid for Placer Dome Inc. to form the world's largest gold mining company.
Articles and PublicationsScott served as Review and Essay Editor of the
Columbia Law Review. He has published numerous articles on U.S. and international tax issues, including "Taking REITs Private: Selected Tax Issues" with Michele J. Alexander, Tax Management Memorandum; "Canada-U.S. Tax Treaty Update Needed to Deal with Cross-Border Partnerships", 34 Tax Management International Journal 443; and "Defending the Conceptual Basis and Policy Implications of the Temporary Regulations Governing Partnership Allocations of Foreign Tax Credits", with Peter A. Glicklich, 33 Tax Management International Journal 691.
Scott is a co-author of
Structuring Real Estate Joint Ventures with Private REITs published by BNA Tax Management.
Teaching EngagementsScott is an adjunct professor at Columbia University School of Law in New York City, where he teaches a seminar entitled "Deals: The Art of the Deal". Scott spent a year as Director of Transactional Studies at Columbia University School of Law.