Tax Law

RETAINER AGREEMENT

This document sets out the basis on which Millar Wyslobicky Kreklewetz LLP (“MWK” or “we”) will agree to provide services to our clients. Accordingly, if you decide to retain MWK as your legal counsel, our agreement will be as set out below (“our Agreement”). MWK’s Fees for Services Rendered Under our Agreement, we will charge …

Recent Customs & Trade Developments

  Some of the most significant current developments in customs law have centered on Canada’s customs valuation rules, and range from the newly enacted “purchaser in Canada” regulation, which imposes an additional pre-requisite to using the transaction value method, to the recently decided royalties cases. Royalties Certain royalties and license fees are potentially dutiable under …

Crime-Fraud Exception to Attorney-Client Privilege

   In In re Campbell, 13 Fla. Law W. Fed. B183 (Bankr. M.D. Fla. 2000), debtor filed an objection to creditor’s motion to compel production of documents filed against debtor’s counsel. Debtor asserted the attorney-client privilege, attorney work product. The Creditor alleged that non-exempt assets were converted to exempt assets with the intent to hinder, delay …

Pension Funds and IRAs

       1. General Rule – Anti-alienation Provision Section 206(d)(1) of Title I of ERISA (the “anti-alienation provision”) provides that: “[e]ach pension plan shall provide that benefits provided under the plan may not be assigned or alienated.”  The corresponding tax provision is Code §401(a)(13) which provides that  “[a] trust shall not constitute a qualified trust under …

Family Limited Partnerships

  General  Asset Protection Guidebook As asset protection tools, the limited partnerships really reign supreme. The single greatest proclamation in recent years to my own estate planning clients, is that the limited partnership is without peer in the asset protection area. See Oshins, supra, at p. 43; Mitton, “Asset Protection Guidebook,” p. 13 (1992). In addition to …