Lapayowker Jet Counsel, P.A. is a law firm that devotes its practice to corporate aircraft transactions both domestic and worldwide. Using a “hands-on” approach, we counsel foreign and domestic corporate and individual clients.
Transaction Highlights
Negotiated the purchase of one of the first Boeing Business Jets and Bombardier Global Express aircraft, and the first operational Eurocopter EC 155B VIP-configured helicopter delivered in the United States.
Represented aircraft owner in connection with the acquisition of Dassault Falcon 900 as part of synthetic lease financing and reverse 1031 exchange involving synthetic lease.
About Our Firm
Lapayowker Jet Counsel, P.A. is a law firm that devotes its practice to corporate aircraft transactions both domestic and worldwide. Using a “hands-on” approach, we counsel foreign and domestic corporate and individual clients on issues relating to the acquisition, leasing, registration and financing of new and pre-owned aircraft (including fractional aircraft), including planning for and implementing tax efficient structures, State sales and use tax issues, related FAA and DOT regulatory matters, aircraft management arrangements, personal use issues and compensation-related SEC issues in connection with the use of business aircraft by public companies. It also counsel clients on the registration of aircraft using available alternatives for non-citizens such as owner trusts, voting trusts and other FAA approved methods.
The Firm is experienced with working with legal departments and tax departments of large public companies to implement appropriate operating structures and planning objectives, and is experienced with coordinating with a client’s aviation professionals, including aviation departments and buyer or seller representatives.
The Firm supports Corporate Angel Network and Debbies Dream Foundation for Stomach Cancer Research. Corporate Angel Network arranges flights on corporate aircraft with empty seats for cancer patients needing treatment at cancer treatment centers that they could not otherwise reach for financial or other reasons. The Firm has been a presenting sponsor of the Night of Laughter event at the Hard Rock Improv. Debbies Dream Foundation supports research for stomach cancer.
It also supports the work of the University School of Nova Southeastern University with children that have learning obstacles. In April 2016, Mr. Lapayowker was recognized as Humanitarian of the Year by the Board of Directors of Debbies Dream Foundation.
THE RIGHT TEAM. THE RIGHT SOLUTIONS.
AVIATION RESOURCES
KEEPING YOU ON COURSE
We are experienced in working with tax, legal and financial advisors of companies of all sizes in addition to family offices, to implement appropriate operating structures and planning objectives. For first time business aircraft buyers, we can quickly assemble a team of experienced industry professionals and others to assist the client with business, technical and other aspects of an aircraft purchase and ongoing aircraft management under Parts 91 and/or 135 of the Federal Aviation Regulations.
One of the challenges of using aircraft in business is understanding the effect of personal use on an executive and the company, and strategies for addressing income tax issues.
Personal Use
Letters of intent are an important start to most aircraft transactions, and failing to give them the proper attention can create costly misunderstandings.
Letters of Intent
Understanding the aircraft acquisition process is important in order to avoid common pitfalls and costly mistakes.
Aircraft Acquisition Process
In order to register an aircraft with the FAA, an individual or company must meet specific requirements. There are methods available for non-U.S. citizens to register aircraft with the FAA.
Aircraft Registration
Public Companies have unique concerns when purchasing corporate aircraft and structuring their operations, including from the perspective of SEC disclosure of non-business use, security and confidentiality.
Public Companies
Acquiring an aircraft currently registered outside the United States takes careful planning and requires answering some fundamental threshold questions. Exporting aircraft may not require the payment of duty, but failure to make appropriate customs entries can be costly.
Import / Export
Planning opportunities exist that can defer or even eliminate the imposition of sales and use taxes in almost every state.
Sales and Use Tax
In addition to aviation counsel, a successful transaction requires having experienced aviation professionals and tax advisors.
The Right Team
Our attorneys are experienced with helping clients navigate the often counter-intuitive rules of the FAA and other regulatory authorities.
The Dilemma of Single Purpose Entities
When acquiring an aircraft, several financing alternatives are available. Which is right for you?
