You need expert, intradisciplinary advice and guidance on:

assessment and quantification of damages
relating to equity-based compensation and pensions & benefits.

The assessment and quantification of damages relating to equity-based compensation and pension and benefits plans can be very significant aspects of a wrongful dismissal case which require specialized expertise to address properly. Most employment lawyers have not spent a decade or two specializing in executive compensation plan and pension and benefits plan design and taxation and, therefore, do not have the required specialized expertise. I do and provide technical assistance to employment lawyers in regard to these matters.

US taxpayers dismissed while employed in CanadaI have years of experience in dealing with the cross-border taxation of executive compensation and wrongful dismissal damages and provide technical assistance to employment lawyers in the structuring of pleadings and settlements to address the potential pitfalls and avail the plaintiff of potential tax-saving opportunities.

Properly structuring the pleadings and settlements of employment-related litigation for clients who are US citizens or green card holders or will be tax residents of the US when the settlement or award is received, can require the application of a great deal of specialized knowledge and experience in the taxation of executive compensation and damages on both sides of the border as well as the application of the Canada-US Tax Treaty. In order for such clients to have an accurate understanding of the after-tax value of a settlement offer, the tax treatment on both sides of the border of the various damages included in the settlement offer must be properly determined and the tax outcome projected including application of Treaty exemptions, FTCs and sourcing rules.

*Cross-border transfers and sourcing tax issues for damages**aiding dual tax-payers with deferred compensation on both sides of the border.*

Where a dual taxpayer has rendered services in respect of deferred compensation on both sides of the border during the vesting period, the sourcing rules require a calculation to determine for tax purposes what portion of the value of the deferred compensation is in relation to US service and what portion is in relation to Canadian service. This requirement also applies to damages in respect of the value of deferred compensation which would have vested during the reasonable notice period. I provide technical assistance to ensure that such damages are sourced and taxed appropriately.

I am a taxation of employment incentives and damages expert.

Meet Rick!

LLB & CHRP

Rick began his career specializing in employment law. He practiced employment litigation for about 10 years, then switched to specializing in pensions and benefits at a global actuarial consulting firm where he led the Canadian legal department and managed some of the firm's largest Canadian pension accounts with multi-disciplinary teams of actuaries, lawyers and benefits consultants.

He was then recruited into a Big Four accounting firm as a direct-admit Partner to lead its Canadian pensions, benefits and compensation legal group...

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Detection of Administrative Errors

In several instances in which I was asked to review the restricted share unit plan of a dismissed executive where the parent company was a US-based corporation, my review of the plan documentation revealed that the plan was a restricted...

Structuring Settlements for Tax Savings

A plaintiff’s counsel retained me to assist in structuring the settlement of a very senior executive whose severance package was worth over $17,000,000. By coordinating a move to a tax...

Restructuring Compensation for Tax Savings Upon Termination

I devised a strategy of restructuring a private equity client’s RSUs into hybrid units upon his being transferred to a different tax jurisdiction (hybrids are a vehicle which I invented...

Save time, maximize settlements.

You need expert, intradisciplinary advice and guidance on:

assessment and quantification of damages
relating to equity-based compensation and pensions & benefits.

*Cross-border transfers and sourcing tax issues for damages**aiding dual tax-payers with deferred compensation on both sides of the border.*

I am a taxation of employment incentives and damages expert.

Meet Rick!

LLB & CHRP

Technical support for employment litigation:

Real life cases.

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Get a free
consultation.

Save time, maximize settlements.

You need expert, intradisciplinary advice and guidance on:

assessment and quantification of damagesrelating to equity-based compensation and pensions & benefits.

Cross-border transfers and sourcing tax issues for damagesaiding dual tax-payers with deferred compensation on both sides of the border.

I am a taxation of employment incentives and damages expert.

Meet Rick!

LLB & CHRP

Technical support for employment litigation:

Real life cases.

01

02

03

Get a free consultation.

assessment and quantification of damages
relating to equity-based compensation and pensions & benefits.

*Cross-border transfers and sourcing tax issues for damages**aiding dual tax-payers with deferred compensation on both sides of the border.*

Get a free
consultation.