Buffington and Aaron

Practice Areas

Business Formation and Succession Planning

  • Choice of best entity – S or C Corporation, limited liability company, partnership, joint ventures
  • Owner agreements – buy sell, stock restriction, stock redemption, operating agreement
  • Executive compensation and severance agreements
  • ESOP

Business Operation / Mergers and Acquisitions

  • Change of control agreements
  • Employment agreements
  • Equity and deferred compensation arrangements — SERPs, 409A compliance, Rabbi trusts
  • Stock purchase and sale agreements for new owners
  • Merger and acquisition agreements
  • Negotiating and advising on benefit provisions in mergers and acquisitions

Retirement and Compensation Planning

  • ERISA compliance
  • Choice of best plan
  • Profit sharing, including cross-tested (new comparability) and integrated formulas (permitted disparity)
  • 401(k), including ROTH features
  • Defined benefit, including cash balance plans
  • Employee stock ownership plans (ESOPs), stock bonus plans and real estate ownership plans
  • Governmental and tax-exempt employer plans, including 403(b) and 457 plans
  • Cafeteria plans — FSA, DCAP, HRA, POP, MERP, VEBA

Fiduciary Liability Advice

  • Solving related and affiliated employer issues
  • Meeting ERISA reporting and disclosure requirements
  • Minimizing liability for investments and administration
  • Fiduciary training

Advocating for Taxpayer Rights

  • IRS and DOL retirement plan correction programs
  • Prohibited transaction analysis and private letter rulings
  • IRS, FTB and DOL audits and controversies

Estate Planning

  • Planning for transfers of businesses, real property interests and other assets to family members.
  • Preparation of customized estate plans, including revocable and irrevocable trusts, wills and powers of attorney.
  • Preparation of beneficiary designation forms for retirement plans, IRAs and insurance policies.
  • Tax planning for distributions from qualified retirement plans and IRAs.