Aircraft Transactions Guide

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Independent Contractors

NBAA has released a new article, Potential Pitfalls of Broker-Generated Aircraft Purchase Agreements, which describes strategies that can be used to properly analyze purchase agreements during the transaction process. Review the article (70 KB, PDF)

The NBAA Aircraft Transactions Guide provides an introduction to the regulatory, tax, financial and transactional issues that come together during an aircraft acquisition. To successfully complete an aircraft transaction, it is critical that the entire team, from flight department personnel to representatives from company headquarters, understand the basic considerations that go into properly structuring aircraft ownership and operations.

While every aircraft transaction is unique, the guide is structured around the following process that many buyers and sellers have found to be successful:

  • Preliminary Considerations: Best practices for assembling the acquisition team and consideration of regulatory/tax issues when developing an aircraft ownership and operating structure.
  • Contract and Title Issues: Details on the letter of intent, title and lien searches, aircraft purchase agreement and pre-purchase evaluation.
  • Closing Process: Strategies for managing the aircraft registration process and dealing with complex issues such as non-citizen trusts.
  • Post-Closing: Checklist to ensure documentation and regulatory requirements are met after the closing.

To help NBAA Members understand the aircraft transactions process and to develop best practices, the NBAA Tax Committee and its Aircraft Transactions Working Group created this publication.

Review the Aircraft Transactions Guide (1.5 MB, PDF)

This publication is available to NBAA Members only. If you're not already a Member, consider joining NBAA today. Learn more by contacting NBAA at (800) FYI-NBAA or info@nbaa.org. Apply today at www.nbaa.org/join.

Additional Resources

Consider Insurance If Moving Aircraft Off FAA Registry, Christa Meyer Hinckley, Husch Blackwell LLP

Back-to-Back Aircraft Transactions 101, by Alan Burnett, CenterPoint Aviation Law

Acquiring an Aircraft - Timing Considerations, Keith Swirsky, GKG Law, P.C.

New Considerations for Aircraft Deposit and Escrow Accounts in Times of Economic Crisis, Edward H. Kammerer, Hinckley Allen & Snyder LLP

Unusual Issues in Used Aircraft Import Transaction, Keith Swirsky, GKG Law, P.C.

Patriot Act and Foreign Trade Regulation Issues For Sale of a U.S. Registered Aircraft to a Foreign Purchaser, Clifford Maine, Barnes & Thornburg

Pre-Purchase Inspection Liability: Another Trap for the Unwary, John R. Copley and Victor H. Smith, Garofalo Goerlich Hainbach

A General Overview of FAA Considerations in Corporate Aircraft Transactions, Frank L. Polk, McAfee & Taft