Employee Benefits & Executive Compensation
Employee benefits and executive compensation plans are instrumental in motivating employees and executives, positively affecting workplace morale, and meeting organizational and individual goals. The Burns & Levinson Employee Benefits and Executive Compensation practice uses these tools to help our clients meet their objectives, while saving costs through tax efficiencies. We provide our organizational and individual clients thoughtful and experienced counsel in all aspects of employee benefits and executive compensation.
Burns & Levinson offers employers and executives the following types of services, among others in this area.
Design executive compensation arrangements, tax-qualified retirement plans and healthcare programs that defray and defer tax costs, comply with law, and help meet the client’s goals.
Protect Trade Secrets, IP and Confidentiality
Design severance, bonus, equity compensation, and deferred compensation arrangements in exchange for releases that allow for the protection of the business.
Mergers & Acquisitions
Counsel clients involved in the sale or acquisition of a business in vetting and transitioning retirement plans, stock options and employee benefit plans, handling pension withdrawal liabilities, addressing §280G issues, and managing other benefits issues.
Develop deferred and equity compensation arrangements to aid in the succession of business ownership or the transitioning of new or retiring executives.
Counsel clients in healthcare benefits, including compliance with the ACA and COBRA, and using pre-tax dollars to defray the cost of health care and other employee plans.
Counsel clients in handling private medical and financial information of employees or patients.
Counsel clients in meeting fiduciary requirements when operating employee benefit programs and managing plan assets.
Provide a wide range of tax advice on compensation issues, such as the deferral of tax in executive compensation programs, avoiding §409A taxation, and establishing tax shelters for retirement plans.
Representation in Controversy
Represent clients before the IRS and the US Department of Labor on issues related to employee plans, such as meeting tax and fiduciary requirements, handling Form 5500 filing issues, and correcting operational errors.
Provide counsel to schools, colleges, and other non-profit organizations, and help design programs tailored to the specialized needs and goals of such organizations.
Provide clients tax counsel on ESOPs, stock option plans, employee stock purchase plans, profits interests plans, and other equity-based compensation.
Assist clients in assessing creditors’ rights related to retirement assets
Private Equity Funds
Assist private equity funds in meeting plan asset exemptions under ERISA.
International Retirement Issues
Advise clients on the taxation of foreign retirement and other benefits subject to U.S. treaties.
Update clients on changes in the law relating to employee compensation and benefits.