/
Disastrous Myths in Aircraft Transactions Disastrous Myths in Aircraft Transactions

Disastrous Myths in Aircraft Transactions - PowerPoint Presentation

marina-yarberry
marina-yarberry . @marina-yarberry
Follow
363 views
Uploaded On 2018-03-09

Disastrous Myths in Aircraft Transactions - PPT Presentation

Joe Hardy amp Jason Kemp LawyerPilots Bar Association CLE Program July 1216 2017 Savannah Georgia Aviation amp Space Attorneys wwwAviationSpaceLawcom National International Interstellar ID: 644063

amp international myth aircraft international amp aircraft myth registry reality tax title solution myths faa pilots purchase security interest

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "Disastrous Myths in Aircraft Transaction..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

Disastrous Myths in Aircraft Transactions

Joe Hardy & Jason Kemp

Lawyer-Pilots Bar Association CLE Program, July 12-16, 2017, Savannah, Georgia

Aviation & Space Attorneys

www.AviationSpaceLaw.com

National, International, InterstellarSlide2

When Myths Arise

Ownership / Operational StructurePurchase & SaleFinancingRegistrationSlide3

–Myth

“I’ve had my aircraft set up like this for years and nobody’s bothered me. So I have nothing to worry about.”Slide4

–Reality

The most catastrophic results (FAA fines in the $ millions; insurance denial; possible prison time) usually happen long after setting up structures. Slide5

–Solution

Initial planning to avoid the “Flight Department Company Trap.”

See G. Reigel’s Thursday presentation (separate sources for pilots & aircraft; FAR 91.501 exempt wet leases, etc.)Slide6

–Myth

“I’m taking delivery in Delaware, so I don’t have to worry about sales / use tax.”Slide7

–Reality

While some states have no, or low, sales tax for delivery, your home state may impose use tax.Slide8

–Solution

Advance

planning and implementationSlide9

–Myths

“The International Registry doesn’t apply to my purely U.S. transaction.”or

“The International Registry is optional.”Slide10

–Int’l Registry Realities

Applies if the buyer / debtor is in a Cape Town Convention signatory country. The U.S. is a signatory.

and

If you don’t register, your title or security interest can be primed. Slide11

–Solution

Determine whether the International Registry applies—to your purchase, security interest or lease—and use it if it does.Slide12

–Myth

“My FAA search came back clean so title is clear.”Slide13

–Reality

Many other interests can affect title:

International InterestsFederal Tax Liens

State/Local Tax LiensMechanics Liens

Even . . .

UCC-1s. Yes, really.Slide14

–Solution

Search where practical (FAA, Int’l Registry, UCC

); get title insurance for the rest.Slide15

–Myth

“Only a corporation can register an aircraft.”Slide16

–Reality

Partnership-IF each partner is an

individual U.S. citizenLLCs are fine, but need to file an LLC Statement with the FAANo publicly owned corporations or LLCsMust be a U.S. Citizen or fit an exemptionSlide17

–Myth

“Aircraft Purchase Agreements are all the same.”Slide18

–Reality

Highly negotiated:

InspectionDepositRemediesSlide19

Curious Points:

Indemnification

Choice of Law / ForumSlide20

Disastrous Myths in Aircraft Transactions

Joe Hardy & Jason Kemp

Lawyer-Pilots Bar Association CLE Program, July 12-16, 2017, Savannah, Georgia

Aviation & Space Attorneys

www.AviationSpaceLaw.com

National, International, Interstellar