About Carlsmith Ball
Carlsmith Ball has maintained an office in Guam for more than 30 years. As a woman and minority-owned business, the firm excels at working with clients and others from many cultural backgrounds. Additionally, some of our attorneys are Guam business owners, making us inherently familiar with the laws and customs applicable to doing business in Guam and the Commonwealth of the Northern Mariana Islands ("CNMI"). In addition to our attorneys who are resident in Guam, many more are admitted to practice in Guam, CNMI, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. These characteristics, when combined with the skills and experiences of our lawyers, make us a logical choice for clients with business in Guam, for those seeking to do business in Guam, and for those in Guam seeking to do business with others off island. Our tenure and connections on Guam will be of special interest to companies looking to do business in connection with the military buildup.
Doing Business in Guam
Guam is an unincorporated territory of the United States and many U.S. laws and regulations apply to businesses operating on the island or transacting business there, with substantial and complicated exceptions. Additionally, there are numerous choices to make regarding form of enterprise or entity, as well as licensing, registration, reporting, and tax requirements. Tax issues are especially complicated because of the unique fabric of tax regulations imposed on companies doing business in a U.S. Territory. Few firms equal Carlsmith Ball in analyzing and guiding clients through the labyrinth of tax issues. Businesses may also face immigration, customs, and local law issues. Attorneys at Carlsmith Ball have adroitly guided clients, advising them on these and other matters, for decades. Members of the firm are deeply rooted in the community and active in civic and social organizations, and help to facilitate the entry of clients into Guam's business networks.
Areas of Capability
Carlsmith Ball attorneys have represented clients throughout the Pacific and beyond in nearly every area of law. The following may be of particular interest for those doing business or wishing to do business in Guam.
Business and Corporate Advice - Our skill in advising clients on selecting an appropriate entity form, obtaining all necessary licenses and registrations, and filing required reports will be especially valuable to incoming business owners. Our client base covers a multitude of regulated industries including general and specialty construction contractors, professional engineers, architects and land surveyors, financial institutions, real estate professionals, securities broker-dealers, medical professionals, insurance, captive insurance, and food service.
Tax - We are known for our experience in providing effective and strategic international, national, and local tax counsel. Our firm is unsurpassed for the quality of its tax advice, having been on Guam and fully familiar with the tax landscape for more than 30 years. Carlsmith Ball is uniquely positioned to explain to new business operators in Guam the fabric of taxation which governs the Territories and the United States. The Internal Revenue Code does not apply to the Territory of Guam, rather, all income tax on income earned from doing business on Guam is paid to the Department of Revenue and Taxation of the Government of Guam, pursuant to the mirror image of the Internal Revenue Code. This relationship among taxpayer, the Government of Guam, and the IRS is unique and seldom understood other than by a few lawyers and tax practitioners familiar with the tax landscape of the U.S. Territories. We also advise businesses and individuals on the tax-efficient structuring of organizations and transactions, represent clients in tax controversies at all levels, and assist taxpayers seeking administrative rulings from federal and state tax authorities.
Real Estate - Knowledge of all real estate and development laws and practices is a key strength at Carlsmith Ball, and we have guided many of the area's largest and best-known companies (as well as individual entrepreneurs and developers) through successful transactions since the firm's inception.
Project Finance - Many of our attorneys are adept at helping clients will all types of financing, including project finance.
Environmental Law - Clients turn to us for guidance in all areas of environmental law, from permitting to hazardous waste disposal to Superfund disputes and all types of environmental litigation.
Green Energy and Power Production - As part of the preparations for the incipient military buildup, Guam has instituted an alternate energy plan. Our experience in alternate energy projects and our understanding of the local landscape will be brought to bear on all client matters relating to green energy and power production. We have represented the Consolidated Commission on Utilities for the territory of Guam, the quasi-governmental body overseeing the operations of the Guam Power Authority, in all operational aspects including assisting the structuring of financing arrangements, and have also represented independent power providers in connection with public and private partnerships with the Guam Power Authority. We also private energy companies engaged in co-generation ventures.
Litigation - We are skilled at helping clients avoid disputes and resolving them. When litigation is unavoidable or when it presents the best course of action for our clients, we are assiduous advocates on their behalf, in litigation involving all types of disputes.
Labor, Employment and Immigration - Clients, whether domestic or international, rely on us for representation and counsel in every area of labor, employment, and immigration, including litigation and EEOC and other regulatory representation. We are well versed in the recent changes to immigration laws and this will be of particular importance to clients as the military buildup continues.
Government Contracting and Regulations - Attorneys at Carlsmith are experienced at guiding clients through every phase of government contracting-including bid protests. We provide sound counsel in all areas, and at all levels, of government regulation.
Maritime - With offices in Hawaii, Guam, Saipan and Los Angeles, Carlsmith Ball maintains a dominant admiralty and shipping practice throughout the Pacific, with an international client base that spans the entire spectrum of the shipping, maritime, transportation, and marine insurance industries. Our geographic advantage allows our maritime lawyers to respond quickly to our clients' needs, often on emergency notice, in remote yet strategic locations in the Pacific, as well as in all of the major ports in the Pacific Basin.