Blog Post 02.10.25

Michael Kosnitzky
Incredibly sharp ... an excellent tax lawyer ... a consummate adviser.
Mike Kosnitzky, co-leader of the firm’s Private Client & Family Office practice, advises some of the world's most well-respected individuals, families and privately held businesses, using a holistic risk-assessment approach to the law.
Mike is a highly decorated attorney, having received recognition in Chambers High Net Worth, Chambers USA, Legal 500 and Best Lawyers, as well as recognition as a Trust and Estates Trailblazer by the National Law Journal for his focus on where IRS policy is going and not necessarily where it stands today.
His tax-minimizing strategies guide financial and strategic buyers in complex taxable and tax-free mergers and acquisitions; privately held businesses in estate tax-efficient succession planning; private investment funds in their choice of jurisdictions and structures; wealthy families in generational real estate income tax and estate tax planning; individuals and family offices regarding artwork and collectables; and ultra-high-net-worth individuals in U.S. and foreign trust matters.
Mike, who is also a certified public accountant, is a prolific writer on diverse tax topics and the co-author of two treatises on S corporations: The S Corporation: Planning and Operation and The S Corporation Answer Book, both Wolters Kluwer publications.
Representative Experience
- Advised Albanian conglomerate Kastrati Group on the purchase of the SLS Brickell hotel in Miami for $53.5 million. Kastrati purchased the 124-key hotel at 1300 South Miami Avenue in Miami’s Brickell neighborhood. The deal breaks down to approximately $431,500 per room. The purchase marks the first in the United States for Kastrati.
- Launched new family offices for several high-net-worth individuals in the global entertainment and corporate spheres, designing tax-optimal structures to accommodate changing circumstances.
- Represents numerous non-U.S. individuals and families in purchases of real estate and other assets in the United States.
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- Counsels owners of companies planning initial public stock offerings and other liquidity transactions, and develops strategies to manage assets in advance of disposition.
- Regularly advises private equity and other fund managers on manager compensation structuring.
- Regularly handles transactions involving private aircraft, helicopter and yacht ownership.
- Advises family offices and family foundations on all tax aspects relating to the clients' investments, charitable giving and estate planning.
- Advises art collectors in establishing galleries and museums.
- Advises family offices in the restructuring of their operations with respect to recent tax law changes under the Federal Tax Cuts and Jobs Act (TCJA).
- Advises Chinese private clients on optimizing estate and income tax planning in light of their status as dual Chinese and U.S. nationals, and on the future IPOs of their companies.
- Advising the board of directors of a nonprofit organization focusing on civic, social, and other activities, including tax advice related to establishing a special committee to oversee any potential allegations and claims against the organization and its predecessor organizations, and with respect to the federal and state tax implications affecting the organization’s tax-exempt status as they relate to these claims.
- Advising the foundation of a famous Japanese travel journalist involving a resolution of the deceased’s intentions, because of the conflict between Japanese and Liechtenstein law and the overall tax implications of these determinations.
- Serving as lead family office counsel on numerous high-dollar-impact issues, including in resolving an aircraft and racing team activity-related audit with the IRS.
- Advising a private client in correcting the existing succession and estate structure, incorrectly created by another law firm, that failed to embody the client’s actual estate planning wishes and intentions, while building in additional flexibility and paying careful attention to treating different members of the client’s blended family equitably.
- Assisted a charitable foundation that supports the developmentally disabled in its corporate restructuring and establishment of operations and management in Florida from NYC, as well as recurring general counsel advice, permitting it to continue to further its charitable purposes by restructuring its operations in a more efficient manner without running afoul of complex tax rules that could have resulted in a punitive excise tax.
- Represented a founder and principal of a large website in China, prior to the IPO of the company in order to optimize the client’s estate and income tax planning, which was complicated because of the client’s dual Chinese and U.S. citizenship and the need to coalesce the client’s desire to maintain their relationship and contacts with both countries.
- Advised two video game creators and business partners following a significant liquidity event on their tax advantaged redomiciling from New York to Florida, and on the creation of a dual family-family office structure. We also advised on the tax deferred monetization of a portion of a restricted stock consideration received in connection with the liquidity event. We helped to create a new platform for the clients to create, acquire, organize, operate, commercially exploit and monetize new and existing investments and businesses in a tax, family and managerially efficient structure both collectively and individually for the two families. Our advice is expected to result in multimillion-dollar initial and continuing income and estate tax savings and efficiencies.
- Advised a client, which was majority controlled by a legendary hotelier, in the corporate restructuring of the client’s various real estate and hotel properties in order to facilitate minority equity ownership by important, trusted and long-standing employees and potential third-party minority investment. We were also retained to assist in tax related matters for two nonprofits affiliated with the hotelier. Our representation permitted the owner of these iconic hotel properties and associated other real estate to be able to retain the properties in private hands rather than being forced to sell control to a large institutional hotel or resort company.
- Advised a legendary hotelier though his family office in the legal aspects of the refinancing of a large-scale architectural art piece.
- Advised the owner of a media and events company, which is also the controlling owner of a marketplace in the architecture and design industry, on the utilization of certain operating losses against income from other business and investment activities by restructuring the various entities from a brother-sister structure to a parent-subsidiary structure. Our advice also included planning related to the Excess Business Loss Rule as modified by the CARES Act, allowing the client to utilize net-operating losses in a manner that created much greater cash flow for the family business and enhanced the value of the business.
- Advised an Israeli citizen, former founder and CEO of a commercial real estate company, on tax planning regarding a settlement agreement with former company and non-compete and other payments related to client’s separation from the company and associated restructuring of the client’s existing family office to achieve, among other things, multijurisdictional income and estate tax efficiencies and generational wealth succession, resulting in initial multimillion-dollar income tax savings, as well as expected annual multimillion-dollars income tax savings and estate tax savings using discount valuation methods, among others.
- Counselled a high-net-worth entrepreneurial individual on state sales tax, federal and state income tax and aviation law regarding the joint purchase of a private jet aircraft with two close business associates. Our advice covered combined planning under the federal tax law, various state sales and use tax laws, and FAA private aircraft ownership and operating rules, which are often inconsistent with one another.
- Advised private client with respect to the use of a perpetual Wyoming trust in connection with the corporate restructuring of a portion of the family’s international business entities. Legal advice included estate and gift planning, domestic tax law, international tax law, trust law, asset protection law and general trust governance, involving the interplay of U.S., Israeli, Dutch and UK tax laws.
- Analyzed the tax consequences of unwinding several valuable family real estate partnerships and S Corporations that were the subject of multi-year litigation for a family that owns a portfolio of over 200 buildings worth in excess of $7.0 billion. Our advice included tax planning that allowed the parties to settle the outstanding litigation, avoiding significant legal fees associated with a trial.
- Advised a private client with respect to a multibillion-dollar redevelopment project that is expected to ultimately include residential rental housing, commercial space and retail properties as part of the Qualified Opportunity Zone program.
- Advised a private client regarding her closely held business, including restructuring of the various related affiliates and subsidiaries from a tax, estate planning, asset protection and anonymity planning standpoint with consideration of the TCJA, and regarding the client’s extensive collection of classic automobiles.
- Advised a private client with respect to his donation of real property to a charitable foundation to be used in perpetuity as a park and naming rights associated with that donation.
- Advises several investment funds on succession planning and restructuring.
Professional Highlights
- Described in Chambers High Net Worth 2022 as “an amazing talent” who is “intelligent, extremely responsive and diligent.”
- Recognized as one of the nation’s most respected and creative tax lawyers by Chambers USA, Chambers High Net Worth, The Legal 500 U.S. and Best Lawyers (published by BL Rankings LLC) Tax Law (2010 – 2025); Corporate Law (2011 – 2025); Trust & Estates (2021 – 2025).
- Co-author of two treatises on S corporations. The S Corporation: Planning and Operation and The S Corporation Answer Book, both Wolters Kluwer publications.
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- Awards and Rankings
- Recognized by Chambers USA in Tax (2001 – 2024)
- Recognized by Chambers High Net Worth in Private Wealth Law (2020 – 2024) and Family Offices and Funds Structuring (2022 – 2024)
- Recognized by Best Lawyers (published by BL Rankings LLC), Corporate Law (2011 – 2025), Tax Law, (2010 – 2025), Trusts and Estates (2021 – 2025)
- Recognized by Lawdragon as one of 500 Leading Lawyers in America (2020 – 2024)
- Recognized by Lawdragon as one of 500 Leading Dealmakers in America (2022 – 2024)
- Recipient of Miami-Dade Bar’s Circle of Excellence Awards for Tax Law (2023)
- Recognized by The Legal 500 U.S. in U.S. Taxes: Contentious & U.S. Taxes: Non-Contentious (2019)
- National Law Journal’s “Trust and Estates Trailblazer” award (2017)
- Selected to the New York Metro and Florida Super Lawyers list in Tax (2006 – 2016, 2018 – 2025)
- Four-time recipient of the Florida Institute of Certified Public Accountants Outstanding Lecturer Award
- Prior recipient of the Nancy Hughes Award given to the Miami community leader and policy maker of the year
- Prior recipient of the Lawton Chiles Humanitarian Award from the Florida Association of Nonprofit Organizations
- Prior recipient of the Humanitarian of the Year Award from the Epilepsy Foundation of South Florida
- Prior recipient of a Leadership Award from the Association of African American Clergy and Professionals
- Memberships & Affiliations
- Past chair of the American Bar Association's National Conference of Lawyers and CPAs
- Past chair of the University of Miami Jackson Memorial Hospital/Public Health Trust of Miami-Dade County, Fla.
- Board member, Jewish Museum of Florida-FIU
- Member of the Orange Bowl Committee
- Member of the Big Apple/Metro New York and Aspen, CO, Chapters of YPO Gold
- Former pro bono general counsel to the Florida Association of Nonprofit Organizations (FANO)
- Former member of the adjunct tax faculty at the University of Miami School of Law Graduate Tax Program
- Member of the Friars Club of New York City
- Founder and former Next Generation President of the Miami Jewish Home and Hospital for the Aged
- Past chair of the Miami Parking System (a.k.a., the Miami Parking Authority)
- Past chair of the Epilepsy Foundation of South Florida
- Inductee to the Miami Dade College Hall of Fame
- Adjunct professor, International Taxation, as adjunct faculty member at Pericles Law School, Moscow
- Press Mentions
- Lessons From the Murdoch Family Dispute, Price of Business Show, March 6, 2025
- Corporate Jet Tax Breaks at Risk in IRS Probes of Personal Use. Bloomberg Tax, October 17, 2024
- Donating Art to Foreign Institutions Is Less Complicated Than Most Collectors Realize. Observer, September 3, 2024
- Art Deduction Scams Targeted in IRS Crackdown on Rich Tax Cheats. Bloomberg Tax, April 22, 2024
- Corporate Jet Industry Pushes Back on IRS Audit Campaign. Bloomberg Tax, Feb 26, 2024
- Where Do Billionaires Come From? Mom and Dad. Vox, January 22, 2024
- How Harlan Crow Slashed His Tax Bill by Taking Clarence Thomas on Superyacht Cruises. ProPublica, July 17, 2023
- The Ultimate Score for Rich People? “Golden” Passports. Vox, June 25, 2023
- Private Planes and Luxury Yachts Aren’t Just Toys for the Ultrawealthy. They’re Also Huge Tax Breaks. ProPublica, April 5, 2023
- How the Ultrarich See Huge Tax Breaks from Private Jets, Yachts ProPublica, April 5, 2023
- What Taxes Do Americans Owe on Their U.K. Rental Income? Mansion Global, September 22, 2022
- Recession Fears and Rising Rates Are a Buying Opportunity for Affluent Americans: ‘This Is When the Wealthy Make Their Money.’ Fortune, July 25, 2022
- Rich Americans Keep Borrowing, Defying Economic Gloom. The Wall Street Journal, July 24, 2022
- How the Billionaires Income Tax Would Work. The Wall Street Journal, October 27, 2021
- More Than Half of America’s 100 Richest People Exploit Special Trusts to Avoid Estate Taxes. ProPublica, September 28, 2021
- Wealth Wizard. Haute Living/Haute Lawyer, September 2021
- Proposed Tax Changes Focus on the Wealthy. The New York Times, September 17, 2021
- Top 4 Federal Tax Cases Of 2021: Midyear Report. Law360, July 2, 2021
- This Mega-Collector Bought $100 Million Worth of Art at Last Week’s Auctions, Including Basquiat’s $50 Million Take on the Medicis. Artnet News, May 21, 2021
- Biden Pushes Broad Economic Agenda in Speech to Congress. The Wall Street Journal, April 28, 2021
- Ask A Lawyer: Common Misconceptions. Haute Living/Haute Lawyer, March 18, 2021
- COVID-19 Pandemic Is Creating Important Tax Implications for Those Working from Home. Texas Lawyers, May 29, 2020
- Pillsbury’s Michael Kosnitzky Won’t Apologize for Representing Billionaires. Daily Business Review, November 15, 2019
- The Teddy Bear Test, and Other Ways to Pass a State Tax Audit. The New York Times, March 22, 2019
- Trump Tax Law Created Breaks for Wall Street to Buy Private Jets. Bloomberg, February 27, 2019
- Tech Black Swan in the Wings? IPE.com, December 2018
- Business Aviation Faces ‘More Headwinds Than Tailwinds’. Forbes, November 14, 2018
- Recent Tax Law Changes Affecting Private Aircraft Ownership. Corporate Jet Investor, August 31, 2018
- Reports: Steve Wynn Angry About Damaged Picasso. Palm Beach Daily News, May 26, 2018
- Embattled Casino Mogul Steve Wynn Plans to Relaunch His Career as an Art Dealer. artnet News, May 18, 2018
- How the Tax Code Rewrite Favors Real Estate over Art. The New York Times, January 12, 2018
- Private Equity Partnerships Face 'Orwellian' Offshore Tax. Pensions & Investments, December 28, 2017
- Publications Authored
- Family Offices May See SEC and Tax Treatment Changes Under Trump. Bloomberg Law, Author: Michael Kosnitzky and Joshua Becker, January 2025.
- Protecting Corporate Leadership: A Call to Action for Corporate Boards. NACD, Author: Michael Kosnitzky and Lara T. Gatz, December 2024
- Haute Lawyer Expert Michael Kosnitzky On Operating a Modern Family Office, Haute Lawyer, Author: Michael Kosnitzky, October 2024
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- Emerging Topics in Family Offices, The Journal of Wealth Management, Author: Michael Kosnitzky, January 2024
- Family Office Insights: Michael Kosnitzky Unveils the Latest Trends, Haute Living, Author: Michael Kosnitzky, September 2023
- Tax Implications of Private Jet Ownership, Haute Living, Author: Michael Kosnitzky, December 2022
- COVID-19 Pandemic Is Creating Important Tax Implications for Those Working from Home, Haute Living, Author: Michael Kosnitzky, November 2020
- The Rich Are Different and So Are Their Tax Homes, Journal of Taxation, Author: Michael Kosnitzky, June 2020
- The Cusp of Change: The Wealthy Will Feel the Brunt of Change and They Need to Prepare Now, Financial Advisor Magazine, Author: Michael Kosnitzky, June 2020
- COVID-19 Pandemic Is Creating Important Tax Implications for Those Working from Home, Texas Lawyer, Author: Michael Kosnitzky, May 2020
- The Child Victims Act: Alternative Strategies Add Donor Intent, Exempt – The Financial Magazine for Nonprofit Executives, Authors: Michael Kosnitzky, Andrew M. Troop, October 2019
- A Tax Lawyer’s Manifesto, Worth, Author: Michael Kosnitzky, July 2019
- Section 1234A and the Taxation of Gains and Losses from Terminated Agreements, Journal of Taxation, Authors: Michael Kosnitzky, Rebecca M. G. Zuks, January 2019
- Don't Rush the Take-Off: Aircraft Purchases and the New U.S. Tax Regime, Spear's Magazine, Author: Michael Kosnitzky, November 13, 2018
- Recent Tax Law Changes Affecting Private Aircraft Ownership, Corporate Jet Investor, Authors: Michael Kosnitzky, Paul E. Campbell, August 2018
- Managing Multiple Businesses with a Section 6166 Election, Estate Planning, Vol. 44, No. 12, Authors: Michael Kosnitzky, Rebecca M. G. Zuks, December 2017
- What the Proposed IRS Regulations Mean for Your Family, Worth, Author: Michael Kosnitzky, October 7, 2016
- U.S. Gains Favor as Trust Jurisdiction for Nonresidents, Estate Planning, Author: Michael Kosnitzky, September 2016
- Why the U.S. May Become the Trust Jurisdiction of Choice for Non-Residents, Worth, Author: Michael Kosnitzky, June 3, 2016
- The Chan Zuckerberg Initiative: LLC for Philanthropy, Estate Planning, Author: Michael Kosnitzky, March 2016
- Challenge Brews Between IRS and Cannabis Industry, Marijuana Venture, Authors: Michael Kosnitzky, Matt Kaden, September 17, 2015
- IRS Interpretation Causes Reefer Madness, Taxes the Tax Magazine, Authors: Michael Kosnitzky, Matt Kaden, May 2015
- The Business of Charity, Worth, Author: Michael Kosnitzky, December 2014 – January 2015
- The 3.8 Percent Solution, Worth, Author: Michael Kosnitzky, June – July 2014
- Finding the Perfect Parking Spot, Worth, Author: Michael Kosnitzky, April – May 2014
- A Tax Lawyer’s Manifesto, Worth, Author: Michael Kosnitzky, February – March 2014
- The Real Estate Conundrum, Worth, Author: Michael Kosnitzky, December 2013 – January 2014
- Smart Money, Worth, Author: Michael Kosnitzky, October – November 2013
- The Downside of Equity, Worth, Author: Michael Kosnitzky, August – September 2013
- In Whom Do You Trust?, Worth, Author: Michael Kosnitzky, June – July 2013
- No Guaranties, Worth, Author: Michael Kosnitzky, April – May 2013
- KISS or Make Up?, Worth, Author: Michael Kosnitzky, February – March 2013
- What Defines a Partner?, Worth, Author: Michael Kosnitzky, December – January 2013
- Preparing for 2013, Worth, Author: Michael Kosnitzky, August – September 2012
- Enter Taxman, Worth, Author: Michael Kosnitzky, October – November 2011
- The Problem with PFICs, Worth, Author: Michael Kosnitzky, June – July 2011
- The Benefits of Partnerships, Worth, Author: Michael Kosnitzky, April – May 2011
- Flee the Beloved Country, Worth, Author: Michael Kosnitzky, December 2010 – January 2011
- Private Investigations, Worth, Author: Michael Kosnitzky, October – November 2010
- The Office, Worth, Author: Michael Kosnitzky, August – September 2010
- Speaking Engagements
- “S Corp Redemptions: Characterization, Tax Consequences, Application of Sections 302 and 301,” Strafford Webinar (May 11, 2023)
- “Key Tax and Non-Tax Considerations When Funding Family Offices in the USA,” Chambers Expert Focus Podcast (November 15, 2022)
- “Haute Lawyer Network Presents Exclusive Webinar with Michael Kosnitzky,” Haute Lawyer Webinar (September 14, 2021)
- “Practical Tax Strategies for Real Estate Deal Structuring and Implementation,” Florida Institute of Certified Public Accountants Webinar (April 30, 2021)
- “The ABCs of Forming and Operating Family Offices in 2021,”Haute Lawyer Webinar (January 21, 2021)
- "The Cusp Of Change,” Haute Lawyer Webinar (October 8, 2020)
- “Tax Treatment of Airplane Purchases: Maximizing Deductions for Business Aircraft Expenditures,” Strafford Webinar (June 2, 2020)
- “Pre-U.S. Immigration Tax Planning Using Insurance Wrappers and Using Life Insurance to Mitigate the Throwback Tax,” Estate Planning Council of Greater Miami’s 8th Annual Estate Planning Symposium (February 11, 2020)
- “Have the Reforms Boosted the Market? Accelerated Depreciation Versus 1031,” Corporate Jet Investor Conference Miami 2018 (November 14, 2018)
- Lecturer for the University of Miami, the Florida Institute of Certified Public Accountants, Morgan Stanley’s Wealth Management National Wealth Planning Directors, the Mortgage Bankers Association of New York, the American Arbitration Association and the American Health Lawyers Association
Education
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J.D., University of Miami School of Law, 1983
magna cum laude; Graduated First in Class, Wesley Alba Sturges AwardB.B.A., Accounting, University of Miami, 1979
magna cum laude
Admissions
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Florida
District of Columbia
New York
Colorado