Burnet R. Maybank III: Lawyer with Nexsen Pruet, LLC

Burnet R. Maybank III

Member
Columbia,  SC  U.S.A.
Phone803.771.8900

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AV® Preeminent

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Practice Areas

  • Economic Development
  • State & Local Taxation
  • Tax
  • Tax Controversy
  • Transportation
  • Public Finance
  • Public Policy & Governmental Affairs
  • Hospitality & Tourism
  • Manufacturing
 
University University of North Carolina, B.A.
 
Law SchoolUniversity of South Carolina, J.D.; Emory University, LL.M. in Taxation
 
Admitted1981, South Carolina
 
Biography

Burnie Maybank is a two-time former Director of the South Carolina Department of Revenue who now represents companies and organizations needing state and local tax (SALT), tax controversy and economic development incentives assistance.

Mr. Maybank returned to Nexsen Pruet in 2006 after serving as Director of the South Carolina Department of Revenue under Governor Mark Sanford from 2003 through 2005. He also served in that position under Governor David Beasley from 1995 to 1999.

Mr. Maybank's practice includes:

· Economic Development incentives

· State and Local Tax

· Tax Controversy

· Exempt Organizations and Charitable Giving, including Conservation Easements

· Alcohol Beverage Control

At the request of SC Senate Finance Chairman Hugh Leatherman, Mr. Maybank served as Chair of the S.C. Tax Realighment Commission (TRAC). The Commission was charged with submitting a comprehensive tax restructuring plan. That plan was submitted in 2010.

At the request of Senate President Pro Tempore Glenn McConnell, Mr. Maybank served on the South Carolina Transportation Infrastructure Study Committee, which examined the feasibility and benefits of public/private partnerships to improve the state's roads, highways and bridges.

Mr. Maybank has served on the statewide transition teams of S.C. Treasurer Curtis Loftis, former Treasuer Thomas Ravenel and former S.C. Governor Mark Sanford.

Mr. Maybank received national press in 2005 regarding the S.C. Department of Revenue's investigation of potentially abusive conservation easement donations, as well as the Department's investigation under IRS Circular 230 of tax professionals who were involved in tax shelters.

Mr. Maybank is co-author of a number of books and law review articles including:

· South Carolina Tax Incentives for Economic Development;

· Local, State, and Federal Tax Incentives for Conservation Easements;

· and State Tax Crimes, all published for the Department of Revenue.

Mr. Maybank has also co-authored:

· South Carolina Limited Liability Companies & Limited Liability Partnerships (1st & 3rd Editions);

· The Law of Automobile Insurance (1st-5th Editions);

· and South Carolina Nonprofit Corporate Practice Manual (2007), published by the South Carolina Bar.

The South Carolina Manufacturers Alliance's presented Mr. Maybank with the 2007 Defender of Manufacturing Award. He is pictured here at the 2012 awards ceremony, along with other recipients.

Career Highlights

· S.C. Treasurer Curtis Loftis transition team (2010-2011)

· South Carolina Economic Developers Association's "2010 Ally of the Year"

· Best Lawyers in America since 2009

· Chair, S.C. Tax Realignment Commission (TRAC) (2010-2011)

· South Carolina's first Director of the Department of Revenue and Taxation (1995-1999); second term (2003-2005)

· Member of the Coordinating Council for Economic Development and Chair of the Enterprise Zone Subcommittee (1995-1999 and 2003-2005)

· Received Order of the Palmetto from both S.C. Governor Carroll Campbell and S.C. Governor David Beasley

· 2007 Recipient of the South Carolina Manufacturers Alliance Defender of Manufacturing Award

· Former General Counsel in the S.C. Secretary of State's Office

· Compleat Lawyer Award from USC School of Law (1998)

· L.H. "Sonny" Siau Award of Excellence from the South Carolina Association of Auditors, Treasurers, and Tax Collectors

· Transition Team for former S.C. Governor Mark Sanford

· Legal Counsel to Former S.C. Governor Carroll Campbell

· Former Commissioner on the S.C. Public Service Commission

· Former Member of the Board of South Carolina's Department of Health and Environmental Control (DHEC)

· Former S.C. Deputy Securities Commissioner in S.C. Secretary of State's Office

· Government Efficiency and Accountability Review Committee, former member

· S.C. Transportation Infrastructure Study Committee, former member

· 2006 Palmetto Leadership Award from the S.C. Policy Council

· 2005 Public Servant of the Year Award from Upstate Forever

Reported Decisions

On June 14, 2010 the South Carolina Supreme Court ruled in favor of Maybank's client, Media General, in a dispute involving more than $2 million in state income taxes.

News

77 Nexsen Pruet Attorneys Named to the 2014 Edition of Best Lawyers in America®
Nexsen Pruet is pleased to announce that 77 attorneys have been named to Best Lawyers in America for 2014.

"How SC taxes balance out each other"
The March 27, 2013 edition of The State features an editorial entitled "How SC taxes balance out each other." Associate editor Cindi Ross Scoppe turned to Nexsen Pruet attorney Burnie Maybank's long-running listserve as she began to examine a new report on taxation in the United States.

"Business recruiters, elected officials talk economic development at retreat in Myrtle Beach area"
Attorney Burnie Maybank discusses the importance of confidentiality when it comes to economic development deals.

"Laws taxing on S.C. manufacturers, experts say"
GSA Business called on Nexsen Pruet tax attorney, Burnie Maybank, for his insight on a SC property tax report. The report is entitled "Laws taxing on S.C. manufacturers, experts say."

"Horry County Council to tackle economic development confidentiality, green lasers"
Economic development attorney, Burnie Maybank, will give an overview of laws that apply to economic development and confidentiality to Horry County Council on Tuesday.

Nexsen Pruet Attorneys Named to the 2013 Edition of Best Lawyers in America®
Nexsen Pruet attorneys have been named to the Best Lawyers in America® list for 2013.

"1st S.C.-made Boeing Dreamliner to roll out April 27"
"When I think back to the days when we were huddled around that conference table, Boeing was just a hope," (Lt. Gov. Glenn) McConnell said last week, referring to the summer 2009 meetings in the downtown law offices of Nexsen Pruet that brought Boeing to the Palmetto State.

62 Attorneys Named to the 2012 Edition of Best Lawyers®
Nexsen Pruet is proud to announce that 62 of its attorneys have been named to the 2012 edition of Best Lawyers®.

"Burnie gives it to us straight"
Former editorial page editor at The State, Brad Warthen, likes what he heard from attorney Burnie Maybank at a recent presentation to the Columbia Rotary Club.

"Final Report of the South Carolina Tax Realingment Commission"
The commission, which was chaired by Nexsen Pruet attorney Burnie Maybank, had been working on reform recommendations for the state's legislature for more than a year.

"One Piece at a Time"
An article in Site Selection magazine details this years State Business Climate rankings. The article credits the recently enacted South Carolina Economic Competitiveness Act for the boost in SC's ranking. Nexsen Pruet's Burnie Maybank co-authored that bill.

"Haley, Sheheen reveal their ideas to cure state's ailing economy"
Nexsen Pruet attorney Burnie Maybank speaks to The Greenville News about the economic plans of gubernatorial candidates Nikki Haley and Vincent Sheheen.

"Tim Scott's freedom fries"
The Washington Times calls on Nexsen Pruet's Burnie Maybank for insight into how Tim Scott became the "odds-on favorite to be the next congressman from Charleston, S.C."

Fifty-nine Attorneys Selected for Best Lawyers in America®; Five Practice Areas Listed Among Top in the Carolinas
Nexsen Pruet is proud to announce that 59 of its attorneys have been named to the 2011 edition of Best Lawyers®.

"Gov. Sanford signs Economic Development Competitiveness Act"
Nexsen Pruet's Burnie Maybank played a key role in drafting the legislation.

"Landmark Ruling by South Carolina Supreme Court to Impact Taxpayers Nationwide"
MidlandsBiz reports on a South Carolina Supreme Court ruling that could have "a significant impact on taxpayers in many states."

"Nexsen Pruet's economic development prowess well-known"
The April 5th, 2010 edition of the Columbia Regional Business Report features an article entitled "Nexsen Pruet's economic development prowess well-known."

"Economic Development Competitiveness Act proposed in SC House"
The South Carolina Radio Network reported on the Economic Development Competitiveness Act on February 1st, 2010. An economic development group, including Nexsen Pruet attorney Burnie Maybank, worked on recommendations for the legislation.

"Pure Power Technologies Celebrates the Inauguration of the Company's R&D Facility"
Nexsen Pruet attorneys Burnie Maybank and Bob Coble along with the firm's Economic Development team are proud to have assisted Navistar in this deal which helped save hundreds of jobs in the Midlands.

"Commission's findings should alter entire way we pay taxes"
A "viewpoint" article in the January 18th edition of GSA Business is entitled "Commission's findings should alter entire way we pay taxes." It examines the South Carolina Tax Realignment Commission, which is being chaired by Nexsen Pruet attorney Burnie Maybank.

"Financial breaks for businesses in spotlight"
The January 18th edition of Charleston's The Post and Courier reports on a dispute over financial incentives and how Nexsen Pruet attorney Burnie Maybank was able to help resolve it.

"Tax reform done right"
The January 16th edition of Myrtle Beach's The Sun News features an article entitled "Tax reform done right." It looks at the state's Tax Realignment Commission, which is chaired by Nexsen Pruet attorney Burnie Maybank.

Boeing's Test Flight of the 787 Dreamliner
Boeing's test flight of the 787 Dreamliner on December 15, 2009

"Boeing groundbreaking in North Charleston"
The November 21st - December 4th edition of "News from the South Carolina Department of Commerce" features a video of the recent Boeing groundbreaking in North Charleston.

Groundbreaking Ceremony for Boeing's New Facility
Political and business leaders from across the Carolinas and beyond attended a ceremony for Boeing's new 787 Dreamliner facility.

"Study: Middle incomes hit hard, S.C. taxes favor wealthy, group says"
The November 19th edition of The State newspaper quotes Nexsen Pruet attorney Burnie Maybank in an article entitled "Study: Middle incomes hit hard, S.C. taxes favor wealthy, group says."

"For a moment, Boeing brought accord in Columbia"
The November 9th edition of GSA Business features an article entitled "For a moment, Boeing brought accord in Columbia." Nexsen Pruet board chairman spoke to reporter Mike Fitts about how "South Carolina's power structure can function well."

Media Reports on 1st Boeing Contract
The S.C. Department of Commerce has announced the design-to-build contract for the new Boeing in North Charleston.

"Bringing Boeing to S.C. - THE ART OF THE DEAL"
The Charleston Post and Courier references Nexsen Pruet's role in the Boeing deal in an article entitled "Bringing Boeing to S.C. - THE ART OF THE DEAL."

"Former federal judge played pivotal role in landing Boeing"
The Greenville News reports on Billy Wilkins' role in the Boeing deal in an article entitled "Former federal judge played pivotal role in landing Boeing."

"Sanford signs incentive legislation into law"
State leaders thank Ric Tapp and Nexsen Pruet attorneys for working to negotiate the Boeing incentives package that was approved by the South Carolina legislature.

"Boeing move could spread across state"
Billy Wilkins tells The Greenville News how Nexsen Pruet's Economic Development team worked to help Boeing come to South Carolina.

"Boeing reps talk big benefits in South Carolina"
WMBF News interviews Nexsen Pruet board chairman Leighton Lord about Boeing's potential impact on South Carolina.

Nexsen Pruet Plays Key Role in Deal to Bring Boeing to South Carolina
Nexsen Pruet attorneys played a key role in helping aircraft maker Boeing land new jobs in South Carolina.

Nexsen Pruet Earns Designation as 'Midlands Green Business'
Nexsen Pruet has earned designation as a Midlands Green Business, joining other Columbia-area organizations that are committed to environmentally responsible practices in the workplace.

"South Carolina may end some sales tax exemptions"
The Greenville News reports on a "special commission charged with reviewing South Carolina tax policy."

Fifty-eight Attorneys Selected for Best Lawyers in America®
Fifty-eight Nexsen Pruet attorneys will be included in the 2010 edition of The Best Lawyers in America®.

"Manufacturing tax raises recruitment concerns"
Nexsen Pruet economic development attorney Burnie Maybank is quoted in an article in The Greenville News entitled "Manufacturing tax raises recruitment concerns."

Nexsen Pruet: Only Law Firm Listed for North and South Carolina in "Trade Allies" Directory
The new edition of Southern Business & Development magazine features the "1st Annual Trade Allies Directory." Nexsen Pruet is the only law firm listed in both North and South Carolina.

"Commerce's budget gets slashed again"
A June 29th article in the Columbia Regional Business Report entitled "Commerce's budget gets slashed again" quotes Nexsen Pruet attorneyBurnie Maybank.

"Revamped Jafza plan focuses on Santee"
The Orangeburg Times and Democrat reports "Revamped Jafza plan focuses on Santee" in an article on March 11, 2009.

Nexsen Pruet Creates Stimulus Response Team to Help Clients Navigate the American Recovery and Reinvestment Act of 2009
Nexsen Pruet has created a strategic response team to help guide clients who want to secure funds through the new economic stimulus appropriation called the American Recovery and Reinvestment Act of 2009.

Election 2008: How Will the Outcome Impact You and Your Business?
The election offered three outcomes, all of which could have had a significant impact on how the federal government operates for the next two years and on your business interests.

Nexsen Pruet Creates Distressed Property and Workout Practice Group
The new group will provide clients with resources, skills and experience to help navigate issues that emerge during periods of economic and financial uncertainty.

45 Nexsen Pruet Attorneys Selected for Best Lawyers
Columbia, SC - Forty-five Nexsen Pruet attorneys will be included in the 2009 edition of The Best Lawyers in America®. The publication also ranks Nexsen Pruet #1 in eleven practice areas in South Carolina and three in North Carolina.

2008 Economic Development and Tax Incentive Update

Nexsen Pruet Named Among Top Economic Development Law Firms in the Southeast
Southern Business & Development magazine has named Nexsen Pruet one of the top law firms for economic development in the South - and the only one recognized in South Carolina.

"Burnie Maybank: Trends in Economic Development"
Midlands Biz interviewed Nexsen Pruet attorney Burnie Maybank for an article entitled "Trends in Economic Development."

IRS Official Commends Nexsen Pruet Partner
Burnet ("Burnie") R. Maybank III, a Member of Nexsen Pruet and the former Director of the South Carolina Department of Revenue, was publicly recognized by a leading IRS Official.

Burnie Maybank Honored By S.C. Assoc. of Auditors, Treasurers, & Tax Collectors
Burnet (Burnie) R. Maybank, III, a Member in Nexsen Pruet's Columbia office, has been awarded the prestigious L.H. "Sonny" Siau Award of Excellence by the South Carolina Association of Auditors, Treasurers, and Tax Collectors (SCATT).

Burnie Maybank Returns To Nexsen Pruet After Serving As Director of SC Revenue
Burnet R. (Burnie) Maybank III will return to private practice at Nexsen Pruet, LLC after serving as director of the S.C. Department of Revenue under Governor Mark Sanford. Maybank also served on the Coordinating Council for Economic Development and chaired the Enterprise Zone Sub Committee.

Publications

Seminar Materials - Legislative Update
These presentations and materials are from the Nexsen Pruet Economic Development Seminar held on June 21, 2013, "Legislative Update".

South Carolina Supreme Court Rules on Tax Exemptions in Bodman v. South Carolina
Close to a year and a half after hearing oral arguments in Bodman v. South Carolina, the South Carolina Supreme Court has upheld the "seven caps" and "eighty seven exemptions" found under the State's sales tax. (Op. No. 27248 filed May 8, 2013).

State Economic Development Incentives for the Agribusiness Industry
Nexsen Pruet and the Palmetto AgriBusiness Council hosted a State and Economic Development Incentives Seminar for the Agribusiness Industry on Friday, November 2nd in Columbia.

Selected Issues Regarding Spec Industrial Parks and Mega Sites
On June 8, Burnie Maybank made this presentation the Economic Development Seminar held at Nexsen Pruet's Columbia office.

Economic Development Newbie Seminar

"Economic Development Incentives for Manufacturers in South Carolina"
"South Carolina is a leader in business and economic development. From renowned workforce training methods, unparalleled business tax incentives, unbeatable logistical advantages, to a business friendly climate, South Carolina offers a collection of resources all working in your favor..."

Immigration and State Unemployment Tax Act Seminar
Nexsen Pruet and the SC Manufacturers Association hosted an Immigration and State Unemployment Tax Act Seminar.

SC Economic Development - Property Tax Issues When a Manufacturing Facility is Sold at a Deep Discount

SC Economic Development Issues Under Freedom of Information Act

State and Local Tax Update - Case Law Update
Nexsen Pruet attorney Burnie Maybank presented a State and Local Tax Case Law Update for the South Carolina Bar Association on December 9th.

Tourism and Retail Incentives
Nexsen Pruet attorney Burnie Maybank presented this information at the December 2, 2010 economic development seminar held at Nexsen Pruet's Columbia office.

South Carolina Economic Development Competitiveness Act of 2010
Burnie Maybank and George Wolfe authored this article for the September/October edition of South Carolina Business.

"State Tax Incentives: Putting Money on the Table"
The July 2010 edition of Made in SC features an article written by Nexsen Pruet's Burnie Maybank. It is a publication of the the South Carolina Manufacturers Alliance.

Court's Ruling Expanded Availability of Job Development Credits
Nexsen Pruet attorney Burnie Maybank authored an article entitled "Court's Ruling Expanded Availability of Job Development Credits" for the June 2010 edition of the Journal of Multistate Taxation and Incentives.

SCEDA Annual Meeting - SC Economic Development Competitiveness Act of 2010
Nexsen Pruet's Burnie Maybank gave this presentation about the SC Economic Development Competitiveness Act of 2010 at the SCEDA Annual Meeting on May 6th.

Federal Tax Consequences of State Economic Development Incentives
Nexsen Pruet attorney Burnie Maybank presented this information about federal income tax consequences of state economic development incentives at the Columbia Tax Council on March 31, 2010.

Presentation to South Carolina Manufacturers Alliance Annual Meeting
Nexsen Pruet attorney presented information about property taxes, the Economic Development Competitiveness Act and the South Carolina Realignment Commission at the South Carolina Manufacturers Alliance's annual meeting on March 18th, 2010.

Why South Carolina Needs Economic Development Incentives
The March/April 2010 edition of South Carolina Business features an article by Nexsen Pruet attorney Burnie Maybank entitled "Why South Carolina Needs Economic Development Incentives."

South Carolina Energy Overview
Nexsen Pruet attorney Burnie Maybank gave this presentation about energy incentives at the Greenville Chamber Transportation and Energy Summit on November 3, 2009. Topics covered include: S.C. energy statistics, Stimulus Funding for S.C., Certified Renewable Energy Bonds, State Tax Incentives, Solar Energy Credit, Alternative Motor Vehicle Credit, Plug-In Hybrid Vehicle Credit, Ethanol or Biodiesel Production Credits, Credit Application and Allocation, Ethanol or Biodiesel Research and Development Credit, Biomass Resources Credit, and Credit for Renewable Fuels.

Counties Authorized to Provide Property Tax Relief to Large Corporate Jets
I probably don't need to tell you property taxes on planes in South Carolina are high. (By some estimates, they are among the very highest in the United States.) Actually, if you are among the many aircraft owners who keep their plane elsewhere as much as possible and hope the tax man never comes calling, I may need to tell you this....

Trade Allies Directory
The new edition of Southern Business & Development magazine features the "1st Annual Trade Allies Directory." Nexsen Pruet is the only law firm listed in both North and South Carolina. What's more, Sanford Holshouser, the firm Nexsen Pruet joined forces with in January, also made the list in North Carolina.

Major Victories for City Priorities in American Recovery Conference Agreement: Report #2
Major Victories for City Priorities in American Recovery Conference Agreement: Report #2

Stimulus Spending Breakdown by State and Category
Stimulus Spending Breakdown by State and Category

Major Victories for City Priorities in American Recovery Conference Agreement: Report #1
Major Victories for City Priorities in American Recovery Conference Agreement: Report #1

Top 10 Law Firms that Understand Economic Development
Nexsen Pruet is named among the top law firms in the Southeast for economic development - and is the only law firm listed in South Carolina.

Another Big Year For Economic Development Incentives?
While it's early in the legislative session, a number of state tax and other economic development bills have been, or will be, introduced in the near future...

Rule 608 Civil Court Appointments: Does Unfunded Mean Unconstitutional?
How can the legal profession and the State equitably and responsibly balance the public service aspect of the profession with the business realities of lawyering?

South Carolina Nonprofit Corporate Practice Manual
Nexsen Pruet attorneys Jeanne Born and Burnie Maybank are two of the co-authors of a publication that is the only "one of its kind in South Carolina."

Events

Economic Development Seminar

South Carolina Economic Development Association (SCEDA) Annual Conference

Project Finance Seminar

South Carolina Economic Development Association - 2010 Annual Membership Meeting

2010 S.C. Governor's Conference on Tourism & Travel

MBACC Meeting with "TRAC" Commissioner Burnie Maybank

8th Annual CLE Ethics Seminar & Luncheon

Nexsen Pruet's 2nd Annual Economic Developer's School

2008 Economic Development and Tax Incentive Update

Sixth Annual CLE Ethics Seminar

Are You Up-to-Date? A Briefing on Economic Development in South Carolina

Burnie Maybank Reception

Civic & Professional Memberships

· Board Member, Palmetto Conservation Foundation

· Past Board Member, South Carolina Economic Developers Association (SCEDA)

· South Carolina Administrative and Regulatory Law Association (SCAARLA)

· Past President, S.C. Agency Directors Organization

 (Also at Charleston Office)

 
ISLN905075240
 


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Office Information

Burnet R. Maybank III

1230 Main Street, Suite 700
ColumbiaSC 29201




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