To address the online tracking services, the FAA has instituted a procedure where you can block your aircraft from being tracked by the online service providers. The Blocked Aircraft Registration Request (BARR) program administered by FAA allows the owner or operator to send an email to the FAA requesting that ASDI flight information be blocked.
Mr. Lapayowker has personally handled the following transactions, among others:
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 an aircraft owner in connection with arrangements for having its aircraft appear in the MGM major motion picture James Bond 007 Casino Royale starring Daniel Craig.
Are Private Aircraft Really Private?
A quick look at the FAA web site can show you the name of the registered owner of a U.S. registered aircraft. A search of the FAA records can yield all of the registration related and financing documents. A point and click on one of the flight tracking web sites such as Flightaware can show you the name of the registered owner and recent flights of the aircraft (departure locations and destinations). You can even subscribe and order a history of those flights.
To address the online tracking services, the FAA has instituted a procedure where you can block your aircraft from being tracked by the online service providers. The Blocked Aircraft Registration Request (BARR) program administered by FAA allows the owner or operator to send an email to the FAA requesting that ASDI flight information be blocked. The FAA will implement the block within several weeks of the request.
With respect to the FAA web site, solutions include having the aircraft held in the name of an owner trustee or in the name of a company organized in a jurisdiction that does not disclose the names of directors or officers or the address of the company. The weakness in many of these solutions is that, for example, in the case of an LLC, the FAA requires disclosure of all members and managers of the LLC all the up through the ownership chain of LLCs, and in the case of an owner trust, one can obtain a copy of the trust agreement from the FAA records and see the name of the beneficial owner (so care would need to be taken with that entity).
Many times, the privacy desired is defeated by one simple problem: the owner does not want to change the registration number of the aircraft to something generic and desires to keep a registration number on the aircraft that everyone knows is associated with that person or company.
While steps can be taken to make it more difficult to identify an aircraft owner, complete anonymity is not likely possible unless one were to register the aircraft outside the U.S. (which comes with a host of other issues).
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.
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.
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.
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?
THE RIGHT TEAM. THE RIGHT DEAL.
The return on investment that a business airplane provides for a company goes directly to its bottom line, which can only be a good thing.