Practices
James C. Cofer is a partner in the Tax Group, Chairman of the Management Committee and the firm’s Managing Partner.
Jim represents private investment funds (including hedge funds, funds of funds, and private equity funds) and mutual funds on a variety of tax issues, including initial structuring, investments by tax-exempt entities, investments in underlying funds, transactional matters, financial instruments, seed capital arrangements, and deferred compensation structures (including Section 409A of the Internal Revenue Code).
Jim also works closely with fund managers on management company tax planning, including incentive compensation arrangements for key employees, outside investments in management companies, and sales to third parties.
In addition to his investment funds practice, Jim represents international and domestic shipping companies on all aspects of their operations. Jim advises shipping companies on Section 883 of the Internal Revenue Code, joint ventures, cross-border transactions, the controlled foreign corporation and passive foreign investment company rules, internal restructurings, and the U.S. tonnage tax regime. Jim has also represented numerous shipping companies (including MLPs) in their public offerings of equity and debt securities, as well as the underwriters of such offerings.
He received a B.A. (with high honors) from Rutgers University, a J.D. from New York University School of Law, and an LL.M. (in Taxation) from New York University School of Law.
Publications
- Co-authored, “For Fund Managers, Tax Court Ruling Sets Limited Partners Back ‘As Such’,” Seward & Kissel (December 4, 2023)
- Co-authored, “Proposed Tax Relief and Jobs Package,” Seward & Kissel (August 22, 2023)
- Co-authored, “Government Tax Incentives for Offshore Wind Investments,” Seward & Kissel (June 28, 2023)
- Co-authored, “Non-willful FBAR Penalties Are Limited to $10,000 Per Report,” Seward & Kissel (March 9, 2023)
- Co-authored, “New York City Implements Pass-Through Entity Tax for 2022,” Seward & Kissel (October 19, 2022)
- Co-authored, “Down to the Wire: Citibank Wins Big in Revlon Appeal,” Seward & Kissel (September 13, 2022)
- Co-authored, “July 2022 U.S. Federal Income Tax Updates,” Seward & Kissel (July 26, 2022)
- Co-authored, “2021 Highlights from the Global Bank and Institutional Finance & Restructuring Group,” Seward & Kissel (February 14, 2022)
- Co-authored, “Final Regulations on Determining Stock Ownership and Proposed PFIC Regulations,” Seward & Kissel (February 8, 2022)
- Co-authored, “Seward & Kissel Maritime Practice 2021 Year in Review,” Seward & Kissel (January 27, 2022)
- Co-authored, “SEC Sanctions Broker-Dealer for Alternative Trading System Disclosure Failures,” Seward & Kissel (January 26, 2022)
- Co-authored, “Revised Text of Build Back Better Bill,” Seward & Kissel (November 10, 2021)
- Co-authored, “New York State Releases Pass-Through Entity Tax Guidance,” Seward & Kissel (September 1, 2021)
- Authored, “Partner James Cofer authored an article in Private Equity Law Report titled, ‘Impact of New Tax Reporting and Ways Fund Managers Can Mitigate Harm of New Partnership Liability Allocation Rules,’” Seward & Kissel (August 26, 2021)
- Co-authored, “Delaware Bankruptcy Court Limits Recovery of Indenture Trustee’s Attorney’s Fees in Tribune Case,” Seward & Kissel (July 1, 2021)
- Co-authored, “SEC Issues Statement on 1940 Act Registered Funds Investing in the Bitcoin Futures Market,” Seward & Kissel (May 18, 2021)
- Co-authored, “2020 Highlights from the Global Bank and Institutional Finance & Restructuring Group,” Seward & Kissel (May 12, 2021)