As an attorney in Nexsen Pruet's Tax Group, Jim focuses his practice in two distinct areas: employee benefits and state and local tax.
In the area of employee benefits, Jim handles matters related to 401(k), profit sharing, pension and other qualified retirement plan administration, as well as the administration of insurance and other fringe benefits. Jim also advises clients with respect to nonqualified plans, including deferred compensation and phantom stock plans. Most recently, Jim has helped clients navigate the extensive regulatory network created by Health Care Reform under the Patient Protection and Affordable Care Act.
Jim also works closely with businesses to find and take advantage of tax credits at both the state and federal level. He has experience with state infrastructure and other economic development incentives, as well as federal credits related to alternative energy and low income housing. He has assisted in the representation of Fortune 500 companies at the Administrative Law Court, South Carolina Court of Appeals, and South Carolina Supreme Court.
In addition to his primary focus, Jim regularly advises public charities, supporting organizations, private foundations, trade associations, social clubs, fraternal organizations, and cooperatives in applying for, receiving, and maintaining their exempt status. Additionally, Jim routinely works with exempt organizations regarding state property tax, admissions tax, and sales tax issues, and regularly assists clients in the sale and acquisition of exempt property to and from both for-profit and non-profit entities. Jim also has assisted in securing reinstatement of revoked and dissolved organizations at both the federal and state level.
Law School Recognitions include:
•Order of the Coif, 2010
•Order of the Wig and Robe, 2009-10
•CALI Awards - Legal Writing, Veterans Rights Seminar (I) and Clinic (II)
Speaking & Writing
•South Carolina Supreme Court Rules on Tax Exemptions in Bodman v. South Carolina
May 8, 2013
•Tax Alert: 'Medical Device Tax' Now in Effect
March 1, 2013
•Exchange Notice to be Delivered to All Employees by October 1, 2013
September 18, 2013
•Tax Alert: IRS Announces Further Restriction on One-IRA-Rollover-Per-Year Rule
March 31, 2014
•Wheaton College Order Changes Landscape of Contraceptive Mandate for Religious Nonprofit Organizations
July 9, 2014
•The Latest on Wellness Programs: EEOC Proposes Rule to Address Legal Hurdles Under the ADA
May 19, 2015
•Supreme Court Upholds Affordable Care Act Subsidies
June 25, 2015
•Tax Court to Exempt Orgs: Substantiate!
March 16, 2016
•Quid Pro Quo: When a “Gift” is not a Gift
April 8, 2016
•Economic Development Fundamentals Seminar
April 13, 2016
Jim stays abreast of developments that impact employee benefits and state and local taxation. He enjoys sharing what he learns by speaking and writing as often as possible.
•Tax Alert: IRS Announces Further Restriction on One-IRA-Rollover-Per-Year Rule, March 31, 2014
•Exchange Notice to be Delivered to All Employees by October 1, 2013, September 18, 2013
•Tax Alert - South Carolina Supreme Court Rules on Tax Exemptions in Bodman v. South Carolina, May 8, 2013
•Tax Alert - “Medical Device Tax” Now in Effect, March 1, 2013
•Employment Law Update - Patient Protection and Affordable Care Act: Upcoming Deadlines Require Employer Action, August 20, 2012
•SALT Alert - Multi-state Taxpayers in South Carolina, Take Note, March 16, 2012 (co-authored with Rick Reames)
•Federal Tax Consequences of State Economic Development Incentives, March 31, 2010 (co-authored with Burnet R. Maybank III)
•Letters of Inconsistency: Southeast Resource Recovery, Inc. v. South Carolina Department of Health and Environmental Control and Local Loss of Landfill Development, 17 Se. Envtl. L.J. 397 (2009)
•Presenter, Nexsen Pruet Employment Law Quarterly Breakfast Briefing, Topic - PPACA: Lessons from Several Months of Full Implementation, May 3, 2016 (South Carolina) and May 10, 2016 (North Carolina)
• Monetizing Tax Credits, Economic Development Fundamentals Seminar, April 8, 2016
•Presenter, Nexsen Pruet SALT Seminar, Topics: Attorney General Opinion Update, Ethics Circular 230, October 2, 2015
• PPACA Reporting Requirements, Government Financial Officers Association of South Carolina, May 4, 2015
• Wellness Programs and the ACA, McLaughlin, Smoak & Clarke InFORUM Presentation, April 16, 2015
•“Sales Tax Issues Related to Sales of Electricity, Annual Meeting of Electric Cooperative Office Managers & Accountants, March 13, 2015
•“Federal and State Quid Pro Quo & Substantiation Rules, SC Bar CLE - South Carolina Nonprofit Corporate Practice Manual, February 5, 2015
• Federal & State Tax Issues for State Guard Members, South Carolina State Guard, January 10, 2015
•“PPACA Update - Entering 2015, ” Government Financial Officers Association of South Carolina, October 15, 2014
• Attorney General Opinion Update - 2013-14, SALT Seminar, October 3, 2014
• Medicare Tax on Real Estate Professionals, Realtors Association Seminar, May 23, 2014
•“Effect of Affordable Care Act on Tax Exempt Entities, ” Roundtable Discussion Presentation, March 2013
•“PPACA Update, ” Greenwood County Chamber of Commerce HR Update, November 19, 2013
•“Attorney General Opinion Update - 2012-13”, SALT Seminar, November 8, 2013
•“The Impact of Health Care Reform on Your Clients (and You), ” South Carolina Association of CPAs (SCACPA), October 17, 2013
•“Incentives for Real Estate Developers: Commercial, Retail, Tourism, Multi-Family, ” SALT Seminar, October 5, 2012
•“Selected Issues Regarding Spec Industrial Parks and Mega Sites, ” Legal Update Presentation, June 8, 2012
Outside Nexsen Pruet
Here is the only time you are likely to see the movie Deliverance referenced in an attorney biography:
Jim found his way to South Carolina by way of the Chattooga River (of Deliverance fame), where he worked as a whitewater rafting guide. These days, he prefers the tranquility of the Midlands' many blackwater rivers, where he can still be found many weekends.
In addition, Jim remains active with the Harvard Alumni Association, conducting admission interviews for prospective students and making presentations on behalf of the university. In July 2014, Jim accepted a three-year appointment with the South Carolina State Guard to serve as Captain in the State Guard's Judge Advocate program, where he provides legal advice regarding exempt organization and other tax issues.
Prior to moving to South Carolina, Jim worked in the Public Affairs department of the Boston Red Sox for five years, and was lucky enough to be with the team for their World Series championship run in 2004. Stop by and ask to see his World Series ring!