Adam C. Harden

Adam Harden primarily focuses his practice on the federal tax aspects of public finance and infrastructure transactions, including extensive experience in:

• The 103 tax bar
• Qualified Opportunity Zones
• Public-private partnerships
• Tax credit and investment incentive programs

Adam provides tax advice in connection with financing transactions for cities, counties and school districts as well as clients in a wide range of industries, including affordable housing deals.

He has experience advising on financing for professional and collegiate sports stadiums, and he also advises issuers, financial advisers and underwriters regarding financings involving:

• New money projects
• Refundings
• Capital and working capital financings
• Commercial paper issues
• Pooled bonds
• Variable rate bonds
• Fixed rate bonds

In addition to advising on public finance transactions, Adam maintains a general nonprofit corporate tax practice in which he routinely creates corporate entities, guides entities through the application process for tax-exempt status recognition and advises on ongoing compliance issues for tax-exempt organizations. He has advised on certain tax consequences of domestic and international corporate reorganizations, mergers and acquisitions in the health care field, and on compliance, regulatory and legislative matters affecting 501(c)(3), 501(c)(4) and 501(c)(6) organizations.

In 2019, Adam was invited to testify before U.S. Department of the Treasury and Internal Revenue Service officials concerning ways to improve the Proposed Regulations on Qualified Opportunity Zones, and several of his recommendations were incorporated into the Final Regulations released later that year.

Adam presents frequently on federal tax issues at the American Bar Association's Tax Section meetings, National Association of Bond Lawyers' The Workshop (formerly the Bond Attorneys' Workshop), The Bond Buyer's annual Texas Public Finance Conference, and events hosted by the Government Finance Officers Association, Government Treasurers' Organization of Texas and State Bar of Texas.

Adam’s representative experience includes:

• Performed the tax analysis on more than 600 bond counsel transactions aggregating over $25 billion of total principal amount issued, including:
  • The largest tax-exempt financing transaction in the health care industry in 2018
  • The first tax-exempt Qualified 501(c)(3) Bonds to be guaranteed by the Texas Permanent School Fund, the nation's largest education endowment
• Represents numerous clients with IDRs, VCAP closing agreements, IRS audits, rebate compliance and other administrative proceedings
• Testified before U.S. Department of the Treasury and Internal Revenue Service officials concerning ways to improve the Proposed Regulations on Qualified Opportunity Zones, and several of his recommendations were incorporated into the Final Regulations released later that year