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Forrest Milder



Forrest Milder is one of our lead tax partners when it comes to tax credits and other tax-advantaged investments. He has a national practice that emphasizes the development of renewables, affordable housing, historic and new markets tax credit projects as well as resolving disputes with the IRS.

What do you focus on?

“Outside-the-box” solutions

My practice emphasizes structuring and bringing to closure many kinds of tax-advantaged projects, both for investors and those who need their investment. I have advised on an exceptionally wide range of ventures, with sizes from hundreds of thousands of dollars to hundreds of millions. I am especially known for “outside-the-box” solutions. For example, I developed a technique that facilitated more than one hundred million dollars of renewable facilities qualifying for government grants, even though the projects were nominally owned by the government and bond-financed. I enabled another client to obtain a more than $50 million state credit as the first user of a new program by working with the applicable agency even before it had published any rules.

IRS dispute resolution

I have resolved four different multi-million dollar disputes with the IRS with the taxpayer having zero liability, and several others with only minimal adjustments. On one occasion I worked with clients and others to get the applicable Tax Code provision changed, thereby ending the audit.

Tax-advantaged investment

I have worked with countless developers and investors to close hundreds of transactions involving the low-income housing tax credit, including everything from standard ventures to “80-20” deals and “lease pass-throughs” that also involve the historic tax credit. I have written tax opinions enabling a client with an innovative renewable technology to close more than $150 million of tax credit investments.

Industry thought leadership

I work hard to stay at the forefront of the industries in which I am involved. For example, I am very active in the Solar Energy Industry Association’s Tax Committee, and I authored part of its recent proposal to the IRS on the solar tax credit regulations. I’ve also written more than 60 published articles about renewable energy, including solar, geothermal, biomass, water-based, and wind. In addition, I am a former chair of both the American Bar Association’s 7,000-member Forum on Affordable Housing and Community Development and the 3,000-member MIT Enterprise Forum of Cambridge. I’m the vice-chair of the historic tax credit coalition, and I was a major participant in helping to shape the IRS’s safe harbor on that credit. I’ve authored what is generally considered the best known treatise on housing and historic tax credits.

What do you see on the horizon?

From my vantage point, I note two things of particular importance. First, it is invaluable to be connected to both those who literally write the law and also my colleagues across the country who help interpret it. In this way, I can anticipate what is coming, how others will handle it and be sure that our clients have a role in how the rules are written and applied. Second, flexibility is the key to survival. “That’s how we’ve always done it in the past” is a thing of the past. Today’s opportunities belong to those who are fastest at matching their business to the ever-changing economic and legal landscape.

Recognition as an author

Forrest is the author or co-author of many articles on tax advantaged investments and related matters, as well as the BNA treatise, “Rehabilitation Tax Credit and Low Income Housing Tax Credit.” He has appeared many times on the front page of The Wall Street Journal (in its weekly “Tax Report” column), as well as in The Boston Globe, Banker & Tradesman, The Boston Business Journal, Mass High Tech, and Massachusetts Lawyers Weekly with comments on recent and proposed tax legislation. He writes a monthly column on renewable energy, entitled “The Current,” for the Novogradac Journal of Tax Credits.

The current: What is ‘back leverage’ and what do I need to know about it?

Novogradac & Company | May 09, 2017

Boston tax credit finance and syndication partner Forrest Milder authored this column about the increasing use of back leverage in renewable energy tax credit projects and its implications.

The current: ten things to know when combining renewable energy and low-income housing tax credits

Novagradac: Journal of Tax Credits | January 10, 2017

Boston tax credit finance and syndication partner Forrest Milder authored this article about ten things people should keep in mind when combining low-income housing tax credits (LIHTC) and renewable energy tax credits (RETC).

Renewable Energy Industries Receive Extensions to Tax Credit Equity Deadlines

Journal of Tax Credits | February 01, 2016

Boston Tax Credit Finance & Syndication partner Forrest Milder contributed this article regarding the new Consolidated Appropriations Act and Protecting Americans from Tax Hikes Act and their effects on renewable energies industry.

The Current: New Audit Rules Could Have Broad Impact

Journal of Tax Credits | January 01, 2016

Boston Tax Credit Finance & Syndication partner Forrest Milder explains the potential ways the Bipartisan Budget Act of 2015 could impact the rules that apply to federal income tax audits of partnerships.

Does it Pay to Follow Guidance that Doesn't Apply?

Novogradac Journal of Tax Credits | August 01, 2015

Boston Tax Credit Finance & Syndication partner Forrest Milder authored this column discussing Internal Revenue Code (IRC) Section 48, which provides an investment tax credit (ITC) for many kinds of energy property.

The Current: Does Small Wind Guidance Have Implications for Other Renewables?

Journal of Tax Credits | February 01, 2015

Boston Tax Credit Finance & Syndication partner Forrest Milder authored this article discussing how the Section 48 of the Internal Revenue Code provisions for wind properties could impact other renewables.

The Current: Systems Using Solar–What Qualifies for the Credit?

Journal of Tax Credits | January 07, 2015

Boston Tax Credit Finance & Syndication partner Forrest Milder authored this article discussing  ambiguity in the definition of Section 48 of the Internal Revenue Code.

Contact

Forrest Milder

Partner

Boston

Phone: 617-345-1055


Fax: 866-947-2387

Boston University, LL.M.

Harvard Law School, J.D.

Massachusetts Institute of Technology, S.B., Phi Beta Kappa

Massachusetts Institute of Technology, S.M.

Massachusetts

U.S. District Court, District of Massachusetts

U.S. Court of Appeals, First Circuit

U.S. Supreme Court

U.S. Tax Court

U.S. Court of Federal Claims

Forrest has been selected by his peers for inclusion in The Best Lawyers in America© 2017 for Tax Law in Boston, MA. He has been listed in Best Lawyers since 2013.

Forrest has been listed several times in “Marquis’s Who’s Who in American Law” and in Boston Magazine’s “Massachusetts Super Lawyers” and “New England Super Lawyers.”

Forrest is a member of the American and Boston bar associations and is the former chair of the MIT Enterprise Forum of Cambridge. He was the 2009–2010 chair of the American Bar Association’s 7000-member Forum on Affordable Housing and Community Development Law and he runs the Forum’s “listserv” via which nearly 1,000 participants discuss issues relevant to affordable housing and community development.

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