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Sherwin P. Simmons II
Sherwin P. Simmons II
Partner 
401 East Jackson Street
Suite 1700
Tampa, FL 33602
 
Tel:
813.209.5039
Fax:
813.223.2837
Cell:
813.504.7810
 
One Southeast Third Avenue
25th Floor
Miami, FL 33131
 
Tel:
305.982.5524
Fax:
305.374.5095

Sherwin Simmons concentrates his practice in the area of domestic and international tax with particular emphasis on businesses and high-net-worth individuals with a primary focus on minimizing his clients' world-wide tax exposure. He has handled numerous IRS and Florida Department of Revenue negotiated walkthroughs and "voluntary disclosure" cases regarding non-compliant taxpayers. He is Akerman's Team Leader for the Foreign Account Tax Compliance Act ("FATCA") team which specializes in the analysis, complex planning, implementation, oversight and operations associated with FATCA. Sherwin's clients include companies in banking, manufacturing, retail, healthcare, energy and technology. He also advises foreign and domestic clients on tax implications of cross-border transactions and advises on structuring and planning to maximize tax benefits under U.S. tax treaties in order to minimize overall U.S. and foreign taxes.
 
Representative Experience
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Handles tax controversy matters at all levels with the Internal Revenue Service relating to international tax matters, including audits, examinations and investigations, administrative protests and appeals, requests for private letter rulings and United States Tax Court proceedings.
 
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Handles remedial IRS compliance for non-compliant taxpayers, including delinquent filings and voluntary disclosures to appropriate tax authorities. Mr. Simmons has represented numerous US taxpayers in connection with current and prior IRS voluntary disclosure programs.
 
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Represents numerous foreign financial institutions with respect to FATCA compliance, reporting and procedure including the implementation and oversight of the FATCA plan. Additionally, advises foreign financial institutions on the complexities surrounding U.S. persons as account holders and owners of entities that are account holders.
 
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Advises foreign investors regarding the structuring and disposition of investments in real property located in the United States, including but not limited to issues include taxation and withholding under the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA), as well as U.S. estate and gift tax implications.
 
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Advises individual clients and businesses wishing to establish operations or investments outside the U.S. He has extensive experience with the potential impact of the complex tax rules relating to controlled foreign corporations and passive foreign investment companies.
 
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Knowledge in foreign corporations and individuals seeking to conduct business or investment activities in the U.S. He is very familiar with the implication of a myriad of U.S. tax rules and regulations that may subject the foreign entity or individual to U.S. income and withholding taxes upon current operations and exit. He has advised foreign clients with respect to U.S. income issues, including effectively connected income rules, earnings stripping rules, portfolio interest and branch profits.
 
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Advises clients on structuring and planning to maximize benefits under applicable United State tax treaties in order to minimize overall combined U.S. and foreign taxes.
 
Published Works & Lectures
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Akerman Practice Update, Co-Author, "Internal Revenue Service Issues FATCA Final Regulations," Jan. 31, 2013
 
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Akerman Practice Update, Co-Author, "International Tax Impact of American Taxpayer Relief Act," Jan. 9, 2013
 
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Akerman Practice Udpate, Co-Author, "FATCA Model II Agreement Released," Dec. 6, 2012
 
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Akerman Practice Update, Co-Author, "United States Signs Bilateral Agreements to Implement FATCA with Denmark and Mexico," Dec. 6, 2012
 
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Akerman Practice Update, Co-Author, "IRS Announcement Extends FATCA Timelines," Nov. 5, 2012
 
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Akerman Pratice Update, "$104 Million Awarded to UBS Whistleblower," Oct. 3, 2012
 
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Akerman Practice Update, Co-Author, "IRS Releases Draft Form to Certify Status of Individuals for Withholding Under FATCA," Sep. 27, 2012
 
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Akerman Practice Update, Co-Author, "First Bilateral Agreement to Implement FATCA Signed by U.S. & United Kingdom," Sep. 27, 2012
 
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Akerman Practice Update, Co-Author, "Streamlined Compliance Procedures for U.S. Persons Residing Outside the U.S.," Sep. 6, 2012
 
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Akerman Practice Update, Co-Author, "IRS Issues Draft Withholding Forms Conforming To FATCA," Aug. 16, 2012
 
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Akerman Practice Update, Co-Author, "U.S. Department of Treasury Publishes FATCA Intergovernmental Model Agreement," Jul. 31, 2012
 
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Akerman Practice Update, Co-Author, "UBS Client from Miami Beach, Florida Sentenced to Prison," Jul. 31, 2012
 
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Akerman Practice Update, Co-Author, "Potential Compliance Relief for U.S. Taxpayers Living Outside the United States," Jun. 28, 2012
 
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Akerman Practice Update, Co-Author, "New Guidance on the 2012 Voluntary Disclosure Program," Jun. 28, 2012
 
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Akerman Practice Update, Co-Author, "New FATCA Alternative For Foreign Institutions to Report Directly to Internal Revenue Service," Jun. 22, 2012
 
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Akerman Pratice Update, Co-Author, "2011 Foreign Financial Account Reporting Requirements," Jun. 12, 2012
 
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Akerman Practice Update, Co-Author, "U.S. Government Issues FATCA Proposed Guidance & Approach to Automatic Exchange of FATCA Information," Feb. 9, 2012
 
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Akerman Practice Update, Co-Author, "The Pursuit of International Tax Compliance; IRS Reopens Offshore Voluntary Disclosure Program," January 10, 2012
 
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Akerman Practice Update, Co-Author, "More of Your Assets May Be Exposed Than You Think," December 21, 2011
 
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Akerman Practice Update, Co-Author, "A Reporting Nightmare - The IRS Finalizes Form 8938, Statement of Specified Foreign Financial Assets December 21, 2011
 
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Quantum Health Group, 1st Annual International Finance Symposium, Speaker, "US Income Tax Updates and Developments: Traps for the Unwary," August 2011
 
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Akerman Practice Update, Co-Author, "FATCA: Guidance Delayed Until "Soon After the New Year"," December 16, 2011
 
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Akerman Practice Update, Co-Author, "Your Assets Exposed! What The United States Is Doing To Make You Completely Bare," Deceber 16, 2011
 
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Akerman Practice Update, Co-Author, "IRS Summarizes Reporting Requirements and Penalties for Dual Citizens Residing Outside the United States," December 16, 2011
 
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Akerman Practice Update, Co-Author, "You're Not Just a Number Anymore, Credit Suisse Discloses U.S. Taxpayer Information to Department of Justice," November 18, 2011
 
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Akerman Practice Update, Co-Author, "IRS Clarifies September 9, 2011 Offshore Voluntary Disclosure Extension," August 31, 2011
 
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Akerman Practice Update, Co-Author, "Extension of Voluntary Disclosure Initiative to September 9," August 29, 2011
 
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Akerman Practice Update, Co-Author, "Guidance Outlining Phased Implementation of FATCA Beginning in 2013," July 15, 2011
 
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Akerman Practice Update, Co-Author, "Just The FAQs Please, The IRS has updated guidance on the Offshore Voluntary Disclosure Initiative," July 1, 2011
 
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Akerman Practice Update, Co-Author, "2010 Foreign Financial Account Reporting Requirements," June 7, 2011
 
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Akerman Practice Update, Co-Author, "The Tax Man Cometh - The New IRS Off-Shore Voluntary Disclosure Initiative," February 17, 2011
 
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ABA Business Law Section, Speaker, "Understanding LLC Operating Agreement - How the Deal Affects Drafting," April 2009
 
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The Florida Bar Tax Section Tax Certification Review Course, Speaker, "International Tax Update," February 2008 and 2009
 
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Taylor Morrison Conference, Speaker, "Foreign Investment in U.S. Real Property: Is There Anything I Should Know?" May 2008
 
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ABA Business Law Section, Speaker, "(Grey's) Anatomy of a Checklist - The Ultimate Model Limited Liability Company Organizational Checklist and How to Use It," April 2008
 
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ABA Business Law Section, Speaker, "Fun & Games: Hot/Interesting Topics in Business Law," April 2008
 
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ABA Business Law Section, Speaker, "Understanding LLC Operating Agreements," April 2008
 
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ABA Business Law Section, Speaker, "The ABC's of LPs, LLPs, LLLPs and LLCs," April 2005-2007
 
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Tax Notes Int'l, Author, "A Survey of Current U.S. International Tax Developments," February 2007
 
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Author, "Successfully Dealing with the U.S. IRS from an Offshore Perspective: Pitfalls and Opportunities," February 2007
 
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Author, "Regularizing an Irregular Foreign Trust," February 2007
 
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Author, "Foreign Investor's U.S. Tax Survival Guide," February 2007
 
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The Business Lawyer, Author, "Model Limited Liability Company Membership Redemption Agreement," May 2006
 
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Tax Notes Int'l, Author, "A Survey of Current U.S. Outbound International Tax Developments," April 10, 2006
 
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Emory Bankruptcy Developments Journal, Cited, "Pension Plan Loans and Bankruptcy: The Great Debate and a New View," Spring 2002
 
Professional Memberships & Activities
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Ye Mystic Krewe of Gasparilla, Member
 
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American Bar Association, Business Law Section, Fellow and Chairman of the Young Lawyer Committee; International Law, Taxation and Young Lawyers Division, Member
 
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The Florida Bar, International, Business, Taxation, Young Lawyers Division, Member
 
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Hillsborough County Bar Association, Member
 

Associated News, Events and Publications
News
Publications


Sherwin P. Simmons II

Practice
Tax
Education
J.D., Emory University School of Law, 2002; Bankruptcy Developments Journal, Managing Editor; American Bar Association, Law Student Division; International Law Society; Phi Alpha Delta Legal Fraternity, Treasurer; Sports and Entertainment Law Society; Keith J. Shapiro Consumer Bankruptcy Writing Award, Recipient
B.A., Florida State University, 1998; Political Science and International Relations, Gold Key Honorary Society; Order of Omega Honorary Society; Alpha Affiliate for Sigma Nu Fraternity
Bar Admissions
Florida
 
 
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