Aviation Law

The acquisition, sale, lease and utilization of business aircraft requires a multi-faceted analysis addressing a myriad of legal, regulatory, tax, operational and financial considerations. We utilize a team approach utilizing professionals and consultants which is specifically tailored to each aircraft transaction to maximize the benefits and minimize the liabilities attendant to aircraft ownership and operation. Mark B. Goldstein, P.A. routinely advises clients regarding the following topics and issues.

Transactional

The competent and thorough negotiation, drafting and execution of legal instruments such as memoranda of understanding, aircraft purchase agreements, leases and charter management agreements are of critical importance in all aircraft transactions. We have extensive experience in the documentation and implementation of aircraft transactions and structures to ensure legal, tax and regulatory compliance and efficacy.

Regulatory

Mark B. Goldstein, P.A. provides legal services relative to the registration of aircraft with the Federal Aviation Administration and the International Registry and provides advice to its clients regarding the lawful domestic and international operation of their aircraft.

Tax

Aircraft ownership and operation should be analyzed for Federal and State tax implications. We work closely with our clients' tax advisors to craft transactions and structure ownership to optimize tax treatment for aircraft owners and operators.

Most of our domestic aircraft transactions have state sales and use tax implications which must be considered and addressed to minimize and avoid any adverse tax obligations.

We represent clients in tax-deferred exchanges of aircraft under Section 1031 of the Internal Revenue Code.

We provide advice concerning our client's personal and entertainment use of business aircraft to avoid any negative tax treatment including limitations on corporate tax deductions for entertainment use.

Risk Management

Risk management is a complex and significant issue for any aircraft owner or operator. Any individual and private company or public company considering acquiring or operating an aircraft should consult with us about a risk management strategy. The extent to which a company can control and minimize exposure to risk determines the security and economic defensibility of its business aviation program. We consult with our client's insurance agents and consultants.