Heath Martin

Counsel

Heath Martin

Heath Martin

Counsel

Expertise
Bar Admissions
  • New York, 2007
    Massachusetts, 2003

With over a decade of experience, Heath advises on extensive tax matters, and clients rely on him for his expertise in domestic and cross-border transactions.

He focuses on the formation and operation of private equity funds, hedge funds, REITs and other investment funds. Heath’s clients benefit from his knowledge of public and private offerings of debt and equity as well as mergers and acquisitions, including stock and asset purchases, tax-free reorganizations, restructurings and spinoffs.

His experience spans other matters, such as compensation arrangements, including equity incentive plans and deferred compensation plan, FATCA compliance and issues pertaining to tax-exempt organizations. In addition, Heath defends individuals and businesses in federal and state tax audits.

Heath Martin

Counsel

With over a decade of experience, Heath advises on extensive tax matters, and clients rely on him for his expertise in domestic and cross-border transactions.

He focuses on the formation and operation of private equity funds, hedge funds, REITs and other investment funds. Heath’s clients benefit from his knowledge of public and private offerings of debt and equity as well as mergers and acquisitions, including stock and asset purchases, tax-free reorganizations, restructurings and spinoffs.

His experience spans other matters, such as compensation arrangements, including equity incentive plans and deferred compensation plan, FATCA compliance and issues pertaining to tax-exempt organizations. In addition, Heath defends individuals and businesses in federal and state tax audits.

Granite Real Estate Investment Trust

Acted as tax counsel to Granite REIT in its $294-million bought deal equity offering of 4.6 million stapled units.

PSP Investments

Acting for PSP Investments in the US$239.6-million acquisition by Clearwater U.S. Multi-Family (No. 2) Holding LP, a limited partnership formed by PSP and Daniel Drimmer (CEO and director of the general partner of the Clearwater Fund), of Starlight U.S. Multi-Family (No.1) Value-Add Fund's portfolio of three multi-family properties totalling 1,193 units located in the United States.

Power Energy Corporation

Acted for Power Energy Corporation in its acquisition of Nautilus Solar Energy, LLC, a leading U.S. solar developer and asset manager, from management and Virgo Investment Group.

Expert Travel Services, LLC

Acted for Expert Travel Services, LLC (Expert Flyer), a leading digital technology vendor for business travellers and frequent flyers, in its sale to Red Ventures, a U.S. marketing and advertising company.

Fortis Inc.

Acted for Fortis Inc. in its $500-million at-the-market public offering of common shares, which will be sold through the Toronto Stock Exchange, the New York Stock Exchange or on any other marketplace in Canada or the United States on which the common shares are traded.

Granite REIT

Acted as tax counsel to Granite REIT in its sale of a real estate portfolio in the United States and Canada for $400 million.

Desjardins Capital Markets, CIBC Capital Markets and RBC Capital Markets

Acted for a syndicate of underwriters co-led by Desjardins Capital Markets, CIBC Capital Markets and RBC Capital Markets on a US$126.6-million bought deal treasury and secondary public offering of trust units of WPT Industrial REIT.

PSP Investments

Acted for PSP Investments in its strategic initiatives with Pattern Energy Group Inc., including (i) the acquisition of a 9.9% interest in Pattern Energy; (ii) the joint venture between PSP and Pattern Energy to co-invest in various renewable projects; (iii) the joint acquisition with Pattern Energy of a 51% and 49% interest, respectively, in the 179 MW Meikle wind project in British Columbia and the 143 MW Mont Sainte-Marguerite wind project in Québec; and (iv) the acquisition of 49% of the Class B interests held by Pattern in the Panhandle 2 wind project in Texas.

InstarAGF Asset Management Inc.

Acted for InstarAGF Asset Management Inc. in connection with the formation of InstarAGF Essential Infrastructure Fund with total equity capital commitments of $740 million.

Desjardins Securities Inc., CIBC World Markets Inc. and RBC Dominion Securities Inc.

Acted for a syndicate of underwriters led by Desjardins Securities Inc., CIBC World Markets Inc. and RBC Dominion Securities Inc. in connection with a US$69 million bought deal public offering of trust units issued by WPT Industrial REIT.

RioCan Real Estate Investment Trust

Acted for RioCan Real Estate Investment Trust on Canadian and US tax matters in connection with the US$1.9-billion sale of its portfolio of 49 shopping centres, located in the Northeastern U.S. and Texas, to Blackstone Real Estate Partners.

BMO Capital Markets and CIBC World Markets Inc.

Acted for a syndicate of underwriters co-led by BMO Capital Markets and CIBC World Markets Inc. in connection with a $181.5-million secondary bought deal public offering of trust units of Milestone Apartments Real Estate Investment Trust.

The Aristotle Corporation

Acted for The Aristotle Corporation in connection with the sale of that company to the private equity firm Wasserstein & Co. The Aristotle Corporation, headquartered in Fort Atkinson, WI, is a leading developer and value-added distributor of specialty products for the education, healthcare training, laboratory testing and agricultural end markets.

BMO Capital Markets and CIBC World Markets Inc.

Acted for a syndicate of underwriters co-led by BMO Capital Markets and CIBC World Markets Inc. in connection with a $143.9-million bought deal offering of subscription receipts of Milestone Apartments Real Estate Investment Trust. The proceeds from the offering were used to fund part of the purchase price for Milestone's $502-million acquisition of 15 properties from Landmark Apartment Trust, Inc.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in connection with its investment in Alliance Corporation, a distributor and manufacturer of products and solutions for North American wireless, broadband, broadcast and wireline networks.

Bulletin

U.S. Congress Provides COVID-19 Relief by Passing CARES Act

Mar. 30, 2020 - The emergence of COVID-19 has sent a shock wave through the world economy, resulting in significant disruption in the financial markets, the shuttering of entire industries, and the lockdown of major cities across the globe. As a result, many national governments are applying every policy tool at...

Bulletin

U.S. Tax Laws: A Review of 2019 and a Look Ahead to 2020

Jan. 30, 2020 - Review of U.S. Tax Developments in 2019In 2019, the U.S. tax world continued to be primarily concerned with developing guidance under the monumental Tax Cuts and Jobs Act (TCJA), which was enacted at the end of 2017. Major regulatory projects were proposed beginning in 2018, including...

Article

Selected US Tax Developments: Guidance on Qualified Shareholders of REITs Still Lacking, co-author

Dec. 31, 2019 - Canadian Tax Journal, Vol. 67, No. 4 (Canadian Tax Foundation)
Download the article.

Article

Not Whether but When and How: U.S. Response to Unilateral Digital Taxation

Nov. 07, 2019 - A version of this article was originally published on Bloomberg Tax. It is reproduced with permission from © 2019 The Bureau of National Affairs, Inc. (800-372-1033) www. bna.com. Given the disruption in world order evidenced by recent elections, civil wars, mass protests and Brexit, perhaps it is...

Article

Not Whether But When and How: U.S. Response to Unilateral Digital Taxation, co-author

Oct. 31, 2019 - Bloomberg Tax International Forum (The Bureau of National Affairs, Inc)
Read the article.

Bulletin

U.S. Issues Taxpayer-Favourable Regulations Under GILTI and Subpart F Regimes

July 03, 2019 - The U.S. Treasury Department and the IRS have issued guidance relating to the new tax on the “global intangible low-taxed income” (GILTI) of a “controlled foreign corporation” (CFC). Generally, GILTI is the portion of a CFC’s earnings that exceeds a specified return on the CFC’s foreign assets. ...

Bulletin

Canadian and U.S. Tax Laws: A Review of 2018 and a Look Ahead to 2019

Jan. 31, 2019 - In our annual Tax Review and Outlook report, we look back at significant developments in the Canadian and U.S. tax landscapes in 2018 and offer our predictions on what to expect in 2019. Key Canadian Developments in 2018 Budget 2018 scaled back controversial initiative on taxation of passive...

Bulletin

U.S. Tax Laws: A Review of 2018 and a Look Ahead to 2019

Jan. 31, 2019 - Review of U.S. Tax Developments in 2018U.S. taxpayers will remember 2018 as the year spent coming to terms with the tax reform legislation enacted at the end of 2017, known as the Tax Cuts and Jobs Act (TCJA). The TCJA included a surprisingly large number of new tax rules that have...

Bar Admissions

New York, 2007
Massachusetts, 2003

Education

London Business School, MSc, 2011
Stanford Law School, JD, 2003
Brown University, PhD (Greek & Latin Literature), 2000
Boston University, BA, 1993

With over a decade of experience, Heath advises on extensive tax matters, and clients rely on him for his expertise in domestic and cross-border transactions.

He focuses on the formation and operation of private equity funds, hedge funds, REITs and other investment funds. Heath’s clients benefit from his knowledge of public and private offerings of debt and equity as well as mergers and acquisitions, including stock and asset purchases, tax-free reorganizations, restructurings and spinoffs.

His experience spans other matters, such as compensation arrangements, including equity incentive plans and deferred compensation plan, FATCA compliance and issues pertaining to tax-exempt organizations. In addition, Heath defends individuals and businesses in federal and state tax audits.

Granite Real Estate Investment Trust

Acted as tax counsel to Granite REIT in its $294-million bought deal equity offering of 4.6 million stapled units.

PSP Investments

Acting for PSP Investments in the US$239.6-million acquisition by Clearwater U.S. Multi-Family (No. 2) Holding LP, a limited partnership formed by PSP and Daniel Drimmer (CEO and director of the general partner of the Clearwater Fund), of Starlight U.S. Multi-Family (No.1) Value-Add Fund's portfolio of three multi-family properties totalling 1,193 units located in the United States.

Power Energy Corporation

Acted for Power Energy Corporation in its acquisition of Nautilus Solar Energy, LLC, a leading U.S. solar developer and asset manager, from management and Virgo Investment Group.

Expert Travel Services, LLC

Acted for Expert Travel Services, LLC (Expert Flyer), a leading digital technology vendor for business travellers and frequent flyers, in its sale to Red Ventures, a U.S. marketing and advertising company.

Fortis Inc.

Acted for Fortis Inc. in its $500-million at-the-market public offering of common shares, which will be sold through the Toronto Stock Exchange, the New York Stock Exchange or on any other marketplace in Canada or the United States on which the common shares are traded.

Granite REIT

Acted as tax counsel to Granite REIT in its sale of a real estate portfolio in the United States and Canada for $400 million.

Desjardins Capital Markets, CIBC Capital Markets and RBC Capital Markets

Acted for a syndicate of underwriters co-led by Desjardins Capital Markets, CIBC Capital Markets and RBC Capital Markets on a US$126.6-million bought deal treasury and secondary public offering of trust units of WPT Industrial REIT.

PSP Investments

Acted for PSP Investments in its strategic initiatives with Pattern Energy Group Inc., including (i) the acquisition of a 9.9% interest in Pattern Energy; (ii) the joint venture between PSP and Pattern Energy to co-invest in various renewable projects; (iii) the joint acquisition with Pattern Energy of a 51% and 49% interest, respectively, in the 179 MW Meikle wind project in British Columbia and the 143 MW Mont Sainte-Marguerite wind project in Québec; and (iv) the acquisition of 49% of the Class B interests held by Pattern in the Panhandle 2 wind project in Texas.

InstarAGF Asset Management Inc.

Acted for InstarAGF Asset Management Inc. in connection with the formation of InstarAGF Essential Infrastructure Fund with total equity capital commitments of $740 million.

Desjardins Securities Inc., CIBC World Markets Inc. and RBC Dominion Securities Inc.

Acted for a syndicate of underwriters led by Desjardins Securities Inc., CIBC World Markets Inc. and RBC Dominion Securities Inc. in connection with a US$69 million bought deal public offering of trust units issued by WPT Industrial REIT.

RioCan Real Estate Investment Trust

Acted for RioCan Real Estate Investment Trust on Canadian and US tax matters in connection with the US$1.9-billion sale of its portfolio of 49 shopping centres, located in the Northeastern U.S. and Texas, to Blackstone Real Estate Partners.

BMO Capital Markets and CIBC World Markets Inc.

Acted for a syndicate of underwriters co-led by BMO Capital Markets and CIBC World Markets Inc. in connection with a $181.5-million secondary bought deal public offering of trust units of Milestone Apartments Real Estate Investment Trust.

The Aristotle Corporation

Acted for The Aristotle Corporation in connection with the sale of that company to the private equity firm Wasserstein & Co. The Aristotle Corporation, headquartered in Fort Atkinson, WI, is a leading developer and value-added distributor of specialty products for the education, healthcare training, laboratory testing and agricultural end markets.

BMO Capital Markets and CIBC World Markets Inc.

Acted for a syndicate of underwriters co-led by BMO Capital Markets and CIBC World Markets Inc. in connection with a $143.9-million bought deal offering of subscription receipts of Milestone Apartments Real Estate Investment Trust. The proceeds from the offering were used to fund part of the purchase price for Milestone's $502-million acquisition of 15 properties from Landmark Apartment Trust, Inc.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in connection with its investment in Alliance Corporation, a distributor and manufacturer of products and solutions for North American wireless, broadband, broadcast and wireline networks.

Bulletin

U.S. Congress Provides COVID-19 Relief by Passing CARES Act

Mar. 30, 2020 - The emergence of COVID-19 has sent a shock wave through the world economy, resulting in significant disruption in the financial markets, the shuttering of entire industries, and the lockdown of major cities across the globe. As a result, many national governments are applying every policy tool at...

Bulletin

U.S. Tax Laws: A Review of 2019 and a Look Ahead to 2020

Jan. 30, 2020 - Review of U.S. Tax Developments in 2019In 2019, the U.S. tax world continued to be primarily concerned with developing guidance under the monumental Tax Cuts and Jobs Act (TCJA), which was enacted at the end of 2017. Major regulatory projects were proposed beginning in 2018, including...

Article

Selected US Tax Developments: Guidance on Qualified Shareholders of REITs Still Lacking, co-author

Dec. 31, 2019 - Canadian Tax Journal, Vol. 67, No. 4 (Canadian Tax Foundation)
Download the article.

Article

Not Whether but When and How: U.S. Response to Unilateral Digital Taxation

Nov. 07, 2019 - A version of this article was originally published on Bloomberg Tax. It is reproduced with permission from © 2019 The Bureau of National Affairs, Inc. (800-372-1033) www. bna.com. Given the disruption in world order evidenced by recent elections, civil wars, mass protests and Brexit, perhaps it is...

Article

Not Whether But When and How: U.S. Response to Unilateral Digital Taxation, co-author

Oct. 31, 2019 - Bloomberg Tax International Forum (The Bureau of National Affairs, Inc)
Read the article.

Bulletin

U.S. Issues Taxpayer-Favourable Regulations Under GILTI and Subpart F Regimes

July 03, 2019 - The U.S. Treasury Department and the IRS have issued guidance relating to the new tax on the “global intangible low-taxed income” (GILTI) of a “controlled foreign corporation” (CFC). Generally, GILTI is the portion of a CFC’s earnings that exceeds a specified return on the CFC’s foreign assets. ...

Bulletin

Canadian and U.S. Tax Laws: A Review of 2018 and a Look Ahead to 2019

Jan. 31, 2019 - In our annual Tax Review and Outlook report, we look back at significant developments in the Canadian and U.S. tax landscapes in 2018 and offer our predictions on what to expect in 2019. Key Canadian Developments in 2018 Budget 2018 scaled back controversial initiative on taxation of passive...

Bulletin

U.S. Tax Laws: A Review of 2018 and a Look Ahead to 2019

Jan. 31, 2019 - Review of U.S. Tax Developments in 2018U.S. taxpayers will remember 2018 as the year spent coming to terms with the tax reform legislation enacted at the end of 2017, known as the Tax Cuts and Jobs Act (TCJA). The TCJA included a surprisingly large number of new tax rules that have...

Bar Admissions

New York, 2007
Massachusetts, 2003

Education

London Business School, MSc, 2011
Stanford Law School, JD, 2003
Brown University, PhD (Greek & Latin Literature), 2000
Boston University, BA, 1993