David A. Smith

(501) 975-3106
(501) 975-3001 Fax

David A. Smith is a senior tax partner in Kutak Rock’s Little Rock office, where he concentrates his practice in federal income tax matters, particularly as they relate to partnerships, corporate entities, real estate investment trusts (“REITs”), asset-back securitizations, transactional tax, and restructurings. He has substantial experience counseling public and private companies, investment banking firms, pension funds and institutional investors in a wide range of tax-related formation, restructuring, reporting and compliance issues.

He regularly provides tax-related advice to publicly traded, privately-held, and various other types of REITs, real estate funds and publicly traded partnerships (“PTPs”). He also works with REIT sponsors, investors (including tax-exempt investors in pension and non-pension REITs), and investment advisors.

Mr. Smith’s representation of REITs and real estate PTPs has consisted of a wide variety of debt and equity offerings, transactions and related activities, including REIT and PTP formations, planning for contributions of existing properties and partnerships into REITs and PTPs, compliance testing for REIT and PTP tax requirements, issuing tax opinions on REIT matters, and Section 1031 exchanges.

Mr. Smith regularly advises clients with respect to the tax aspects of securitizing a wide range of asset classes, including credit card receivables, equipment loans and leases, student loans, commercial mortgage loans, and timeshare loan receivables. He also counsels private foundations, public charities, tax-exempt hospitals and pension funds on a wide variety of matters, including unrelated business taxable income issues and joint venture structuring alternatives.

Recognized in The Best Lawyers in America© for Tax Law, Mr. Smith practiced as a certified public accountant for nearly four years prior to obtaining his law degree. He received his B.S. degree from the University of Arkansas at Fayetteville, his J.D, from the University of Arkansas at Little Rock, where he served on the Editorial Board of the UALR Law Journal, and his LL.M. degree in Taxation from New York University School of Law. He is a member of the Arkansas and American Bar Associations, the Arkansas Society of CPAs and the American Institute of CPAs and is a past Chair of the Arkansas Bar Association’s Section of Taxation.

Mr. Smith has been designated a Best Lawyers® 2018 "Lawyer of the Year" in Little Rock for tax law, and 2017 "Lawyer of the Year" in Little Rock for mergers and acquisitions law.