Brian Hern’s practice focuses on representing financial institutions, developers, and other entities in transactions involving state and federal tax credits and other tax incentives. Brian also has experience advising buyers, sellers, and investors on tax aspects of mergers, acquisitions and joint ventures, and advising nonprofit corporations on governance and tax exemption matters.
In the tax credit and incentive space, Brian has represented investors, lenders, community development entities (CDEs), and developers in dozens of new markets tax credit transactions, including transactions twinned with other economic incentives. He also has expertise in historic rehabilitation tax credits (HTCs), having closed several transactions utilizing federal HTCs, as well as Virginia, Massachusetts, and Ohio HTCs, among others. He has assisted clients in structuring transactions to facilitate the use of low-income housing tax credits, renewable energy tax credits, and opportunity zone incentives.
Brian also has advised public companies, private equity firms, hedge funds, hospital systems, and strategic investors on partnership tax issues, executive compensation matters and the tax aspects of real estate investments (including the use of REITs), taxable stock and asset sales and purchases, and tax-free reorganizations. Brian has an active pro bono practice, having assisted several entities with obtaining 501(c)(3) status with the IRS.