Preston R. Burch
Mr. Burch has been in the private practice of law for over 30 years helping clients in the full spectrum of federal tax laws. His current practice is concentrated in four areas: (1) employee benefits, (2) corporate tax law, (3) U.S. taxation of foreign entities and individuals, and (4) state and federal employment taxes.
With regard to his employee benefits practice, Mr. Burch handles the following types of matters:
- Drafting qualified retirement plans and obtaining IRS approval thereof
- Assisting employers that have acquired other businesses with the termination, merger, or rollover of the acquired businesses' retirement plans
- Drafting and implementing nonqualified "top-hat" and other employee benefit plans
- Assisting employers with IRS audits of their retirement plans and with the correction of operational and plan document violations thereof
Examples: (1) Mr. Burch has obtained IRS approval of the merger of a tax-exempt hospital's 401(k) plan and money purchase pension plan into one plan document; (2) Mr. Burch assisted the U.S. operations of a Japanese-owned conglomerate with the successful correction of improper coverage and discrimination testing of its U.S. employees in several different 401(k) plans.
With regard to his corporate law practice, Mr. Burch handles the following types of matters:
- Forming business entities, transferring the ownership of the entities or their assets, merging and liquidating the entities, and minimizing the tax consequences/maximizing the tax benefits of these transactions.
- Determining which type of business entity is best suited for the client's particular situation and, with the formation of the entity and the funding thereof, advising the client on and preparing shareholder and buy-sell agreements to retain control and management of the entity.
Example: Mr. Burch assisted a large real estate company with the sale and dissolution of a multi-state limited partnership. Mr. Burch assisted a U.S. subsidiary of a publicly-traded Japanese company with the takeover of another U.S. company by a combination of loans and equity swap agreements.
With regard to his foreign practice, Mr. Burch handles the following types of matters:
- Establishing and operating U.S. subsidiaries of foreign corporations and determining the tax consequences of bringing foreign employees to work in the United States
- Determining the U.S. taxation of foreign individuals and corporations pursuant to the U.S. tax laws and international tax treaties to which the United States is a party
Example: Mr. Burch incorporated the U.S. operations of a German-owned manufacturer into one controlled group of corporations.
- Assisting U.S. and foreign employers with the U.S. tax consequences of their U.S. citizen and resident employees who are working outside the U.S.
With regard to the employment tax practice, Mr. Burch assists clients with employment tax compliance in unique situations, with correcting employment tax errors, and with state and federal tax audits.
Example: Mr. Burch assisted a large employer in reducing a federal employment tax assessment from $187,000+ to $23,000+.
Education and Honors
LL.M. in Taxation, University of Florida School of Law, 1983
J.D., University of South Carolina School of Law, 1982
B.A., magna cum laude, Clemson University, 1979
- Best Lawyers in America (2013-2015)
- South Carolina Bar
- Richland County Bar Association
In The News
- April 2, 2014 - Ogletree Deakins Blog Post - "Judgment Reduced, but the Importance of Monitoring Plan Investments Reaffirmed"
- September 25, 2007 - Ogletree Deakins Publication - "Less Than 100 Days - That's How Long Your Company Has to Comply with Section 409A in Operation"
- January 2006 - South Carolina Lawyer - "Traversing the Swamp – Understanding the Tax Implications of Settlements and Awards in Employment-Related Litigation"