Joshua A. Sutin

Shareholder

Education

University of Florida College of Law, LL.M., Taxation, 1998

University of New Mexico School of Law, J.D., 1997

Lewis & Clark College, B.A., Philosophy, 1991

Honors

Named by The Best Lawyers in America® as San Antonio Employee Benefits (ERISA) Law "Lawyer of the Year," 2017

Martindale-Hubbell® AV® PreeminentTM Peer Review Rating

Recognized in The Best Lawyers in America® for Employee Benefits (ERISA) Law, 2006-Present. Copyright 2015 by Woodward/White, Inc., Aiken, SC

Named Best Lawyers’ San Antonio Employee Benefits (ERISA) Law "Lawyer of the Year," 2013

SA Scene, "San Antonio’s Best Lawyers," 2008, 2011 and 2014

Bar Admissions

Texas, 1999

New Mexico, 1997

Court Admissions

United States Tax Court

United States Court of Appeals Fifth Circuit

Profile

Joshua Sutin helps clients unravel complex legal and business issues related to employee benefit plans, tax-exempt organizations, and business tax planning. He counsels both businesses and not-for-profit organizations on the full range of tax and employee benefits issues. 

Experience

Joshua counsels clients regarding their qualified plans, employee stock ownership plans (ESOPs), and health and welfare plans–including advising on tax qualification of plans, fiduciary duty issues, Department of Labor and Internal Revenue Service audits, and IRS and Department of Labor voluntary compliance programs.  He also advises on the preparation and implementation of qualified defined benefit and defined compensation plans for corporate clients.

Tax-Exempt Entities.  Joshua provides guidance to tax-exempt clients on everything from creating a tax-exempt organization to dissolving one, including private foundation status; reporting and disclosure; unrelated business income tax; and nonprofit corporate law compliance. He represents tax-exempt organizations with respect to Internal Revenue Code Section 403(b) plans, Section 457 plans and qualified plans for nonprofit organizations.

Executive Compensation.  Joshua counsels clients regarding executive compensation matters and non-qualified deferred compensation plans, including incentive and non-statutory stock option agreements, stock appreciation rights, phantom stock arrangements; SERPs or Supplemental Executive Retirement Plans, 457(f) deferred compensation plans; employment agreements; and severance arrangements.

Transaction-Related Benefits Counsel.  Joshua has provided guidance to corporations regarding employee benefit issues relating to corporate acquisitions, including representations and warranties of stock purchase agreements and due diligence relating to possible employee benefit plan liabilities.  He advises clients on both the implementation and defense of structured tax advantaged transactions. He has represented clients in both the establishment of an Employee Stock Ownership Plan (ESOP), the sale of a company to an ESOP, and the ongoing legal compliance related to ESOPs.

Welfare Plan Compliance.  Joshua counsels clients regarding compliance with the Patient Protection and Affordable Care Act (PPACA – also known as ACA or Healthcare Reform), implementation of Health Insurance Portability and Accountability Act (HIPAA) compliance for welfare benefit plans, and COBRA.

Privately Held Businesses.  Joshua also advises clients on succession and transition planning for privately held business interests. He represents clients in retirement plan and distribution planning, including analysis of income tax, estate tax and excise tax issues.

Seminars & Presentations

  • Protecting Your Business and Employees From Data Breaches, May 16, 2017
  • Affordable Care Act Employer Reporting: Tools for Navigating IRS Forms 1094 & 1095, Catto & Catto LLP Seminar, September 16, 2015
  • “Affordable Healthcare Act,” Speaker Joshua Sutin, SAAF Legal and Accounting Institute for 2014,  December 5, 2014
  • “ACA – Knowing What to Expected and How to Manage,” Speaker Joshua Sutin, CS-Proliant Webinar, October 15, 2014
  • “Affordable Care Act and the Employer Shared Responsibility Penalty,” Speaker Joshua Sutin, SHRM, McAllen, September 24, 2014
  • ACA: It's not over yet, Association of Corporate Counsel, South Central Texas Chapter, March 5, 2014
  • “Affordable Care Act,” presented by Joshua Sutin, 21st Annual Legal and Accounting Institute, San Antonio Area Foundation, December 6, 2013
  • The Greater San Antonio Chamber of Commerce Health Care Symposium, September 11, 2013
  • Joshua Sutin presents “Healthcare Solutions – How to Improve the Financial Security of Your Members in the Current and Future Environment for Health Care?” to USAA Executive Management Group, August 25, 2013
  • "Health Care Reform After the Supreme Court Decision: Where Do Employers Go From Here?" Speaker Josh Sutin, San Antonio Financial Planning Association, May 22, 2013
  • "HIPAA Compliance Guide for HR Directors," presenter Josh Sutin, Society for Human Resource Management, March 27, 2013
  • Healthcare Reform: Where Do Employers Go From Here?, El Paso Employee Benefits Seminar, September 20, 2012
  • Employee Benefits Seminar: "Healthcare Reform: Where Do Employers Go From Here?", August 2, 2012
  • "HIPAA and Mental Health Privacy Issues," presented to the Mental Health Task Force of Bexar County, July 16, 2012
  • "What Issues Does the Board Need to Address to Satisfy its Fiduciary Responsibilities," speaker Josh Sutin, The ESOP Association, Southwest Chapter, 2012 Awards Banquet and Spring Conference, March 29, 2012
  • "Biggest Hits: Top 10 Benefit Plan Issues of 2011," presenter Joshua Sutin, LAHRM Human Resources Update: Voyage into the UnknownOctober 12, 2011

Publications

Community/Civic Activities

  • Southwest Benefits Association 
  • Worldwide Employee Benefit Plan Network 
  • ESOP Association
  • ESOP Association- Southwest Chapter, Board Member
  • Temple Beth-El, Immediate Past President

Professional Affiliations

  • International Association of Privacy Professionals (IAPP), Member
  • American Bar Association, Taxation Section, Health Law Section and Employee Benefits Committee
  • State Bar of Texas, Health Law Section
  • New Mexico Bar Association
  • San Antonio Estate Planners Council
  • San Antonio Employee Benefits Forum
  • San Antonio Young Lawyers Association