Aviation

Our Aviation Practice focuses on serving clients that own, manage and/or operate aircraft for business transportation and personal use or who are interested in pursuing any of these activities. We represent both public and private corporations and private individuals in connection with aircraft sale, purchase, leasing, fractional ownership, management, charter and financing transactions, and assist our clients in structuring their aircraft operations to comply with applicable rules and regulations of the Federal Aviation Administration, Securities and Exchange Commission, Internal Revenue Service and state and local taxing authorities. Williams Mullen is a member of the National Business Aviation Association.

We are experienced in the following:

Acquisition and Leasing

• Identifying and engaging consultants to analyze aviation needs of clients and to recommend and search for aircraft that match client profiles.
• Structuring acquisition and leasing transactions, including fractional share interests and full ownership of aircraft, to satisfy business and personal travel objectives.
• Advising on multiple forms of aircraft ownership and use through arrangements such as chartering, joint ownership, co-ownership, time-sharing, interchange agreements, partnerships, fractional ownership programs and aircraft management agreements.
• Assisting in the contractual aspects of purchasing, leasing and relinquishing ownership of aircraft.

Securities

• Analyzing issues related to the disclosure of personal usage of corporate aircraft and reporting the value of such personal usage under the Securities Exchange Act of 1934, as amended.

Tax

• Analyzing state/local sales and use tax issues and federal excise tax issues that arise in connection with acquiring and operating an aircraft.
• Providing federal tax advice on maximizing deductions for operational expenses and depreciation.
• Tax planning for non-business and private use of corporate aircraft.
• Structuring like-kind exchanges of aircraft.

Operations and Management

• Structuring and preparing documentation for shared usage among co-owners, including “dry” leasing arrangements.
• Assisting with border crossing issues associated with flights abroad.
• Facilitating operations and management matters with charter and aircraft managers.
• Consulting with accountants and financial advisors on operations matters.
• Advising on aircraft insurance coverage and liabilities issues.

Williams Mullen is a proud member of the National Business Aviation Association.