Joshua A. Sutin

Joshua A. Sutin


Chamberlain Hrdlicka

Recognized since 2006

San Antonio, Texas

Practice Areas

Employee Benefits (ERISA) Law

Litigation and Controversy - Tax

Nonprofit / Charities Law

Tax Law

Lawyer of the Year Badge - 2024 - Employee Benefits (ERISA) Law
Lawyer of the Year Badge - 2024 - Employee Benefits (ERISA) Law Lawyer of the Year Badge - 2020 - Employee Benefits (ERISA) Law Lawyer of the Year Badge - 2017 - Employee Benefits (ERISA) Law Lawyer of the Year Badge - 2013 - Employee Benefits (ERISA) Law
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Joshua Sutin helps clients unravel complex legal and business issues related to employee benefit plans, tax-exempt organizations, and business tax planning. He counsels both businesses and not-for-profit organizations on the full range of tax and employee benefits issues.

Experience

Qualified Retirement Plans. Joshua counsels clients regarding their qualified plans, including employee stock ownership plans (ESOPs), and advising on tax qualification of plans, fiduciary duty issues, Department of Labor ("DOL"), Internal Revenue Service ("IRS") audits, and IRS and DOL voluntary compliance programs. He also advises on the preparation and implementation of qualified defined benefit and defined compensation plans for clients.

Tax-Exempt Entities.

Joshua provides guidance to tax-exempt clients on everything from creating a tax-exempt organization to dissolving one, including private foundation status; reporting and disclosure; unrelated business income tax; and nonprofit corporate law compliance. He represents tax-exempt organizations with respect to Internal Revenue Code Section 403(b) plans, Section 457 plans and qualified plans for nonprofit organizations.

Executive Compensation.

Joshua counsels clients regarding executive compensation matters and non-qualified deferred compensation plans, including incentive and non-statutory stock option agreements, stock appreciation rights, phantom stock arrangements; SERPs or Supplemental Executive Retirement Plans, 457(f) deferred compensation plans; employment agreements; and severance arrangements.

Transaction-Related Benefits Counsel.

Joshua has provided guidance to corporations regarding employee benefit issues relating to corporate acquisitions, including representations and warranties of stock purchase agreements and due diligence relating to possible employee benefit plan liabilities. He advises clients on both the implementation and defense of structured tax advantaged transactions. He has represented clients in both the establishment of an Employee Stock Ownership Plan (ESOP), the sale of a company to an ESOP, and the ongoing legal compliance related to ESOPs.Welfare Plan Compliance. Joshua counsels clients regarding compliance with the Patient Protection and Affordable Care Act (PPACA – also known as ACA or Healthcare Reform), implementation of Health Insurance Portability and Accountability Act (HIPAA) compliance for welfare benefit plans, COBRA, and other welfare plan laws.

Privately Held Businesses.

Joshua also advises clients on succession and transition planning for privately held business interests. He represents clients in retirement plan and distribution planning, including analysis of income tax, estate tax and excise tax issues.

Location
  • 112 East Pecan Street, Suite 1450
    San Antonio, TX 78205
Education
  • University of New Mexico, J.D., graduated 1999
Bar Admissions
  • Texas, Texas
  • New Mexico, New Mexico

Chamberlain Hrdlicka
Headquarters: Houston, Texas

47 The Best Lawyers in America® awards

35 Best Lawyers: Ones to Watch® in America awards

Best Law Firms Badge Visit Website View Firm Profile

Lawyer of the Year Badge - 2024 - Employee Benefits (ERISA) Law Lawyer of the Year Badge - 2020 - Employee Benefits (ERISA) Law Lawyer of the Year Badge - 2017 - Employee Benefits (ERISA) Law Lawyer of the Year Badge - 2013 - Employee Benefits (ERISA) Law
Named "Lawyer of the Year" by Best Lawyers® for:
  • Employee Benefits (ERISA) Law, San Antonio (2024)
  • Employee Benefits (ERISA) Law, San Antonio (2020)
  • Employee Benefits (ERISA) Law, San Antonio (2017)
  • Employee Benefits (ERISA) Law, San Antonio (2013)
Recognized in The Best Lawyers in America® 2024 for work in:
  • Employee Benefits (ERISA) Law
  • Litigation and Controversy - Tax
  • Nonprofit / Charities Law
  • Tax Law
Special Focus:
  • Corporate Compliance
  • ERISA
  • ESOPS
  • Executive Compensation
  • Exempt Organizations
  • Government Plans
  • Pension, Health and Welfare
  • Tax
Additional Areas of Practice:
  • Employment Law - Management
  • Health Care Law
  • Trusts and Estates

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Benefits Alert: COVID-19 Implications for ACA Determinations


Benefits Alert: COVID-19 Implications for ACA Determinations

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Joshua A.

Sutin

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