If you are into Foreign Bank Account Reports (FBARs), your concern about penalties for failing to comply with those FinCEN 114 reporting rules just took an exciting, and perhaps fearsome, turn.
Ken is an experienced and recognized transactional tax lawyer who advises clients on a wide range of international tax, structuring and business issues. He also advises clients on structuring captive insurance companies, their tax impacts and audit issues.
Ken focuses on worldwide tax planning, transaction structuring and a number of tax issues related to mergers & acquisitions, IP licensing, employee relocation, and international franchising. He has extensive experience dealing with compliance for all federal, state and foreign taxes, expatriate tax issues, audits, appeals proceedings, controversy management, negotiation and litigation, foreign bank account reporting (FBARs) and voluntary disclosures.
Ken also helps clients with insurance matters including strategic design, tax structuring and implementation of captive insurance companies, including evaluation of micro-captives and nonadmitted insurance obligations, advising on insurance programs, analysis of domiciles, loss prevention, managing and negotiating claims, and advising on broker RFPs.
Prior to joining Fredrikson, Ken was a partner with another large Minneapolis law firm where he led the international tax and captive insurance company taxation practices. He also worked with KPMG as the managing director of the Midwest region in the captive and warranty practice. Prior to these roles, Ken held executive positions with Northwest Airlines, where he was responsible for the Tax and Insurance Departments and served as CFO and chief strategy officer of the Cargo Division, and with Marriott Corporation, where he was responsible for international project finance and for federal and international tax matters, audits/appeals, and federal tax legislative matters. Ken also served as Assistant Branch Chief in the Office of Chief Counsel at the Internal Revenue Service, Washington, D.C., and was a special advisor to the U.S. Department of Justice on the Project Haven Federal grand jury investigation.
Ken previously taught the graduate level international tax course in the LL.M. (Tax) program at Georgetown University Law Center for nine years, and now teaches the international tax course at the University of Minnesota Law School. He has been an expert witness in Federal court on international tax matters and is a frequent speaker and author on various international tax matters.
Articles & Presentations
Tax Issues in the Use or Disposition of International Intangibles: The Good, the Bad, and the Ugly (Part II)
September 16, 2021
By Ken Levinson
This week, we turn to international transactions that involve licenses or the provision or performance of e-commerce services.
Tax Issues in the Use or Disposition of International Intangibles: The Good, the Bad, and the Ugly (Part I)
September 9, 2021
By Ken Levinson
The transfer or use of intangibles generally is a complicated area of taxation, and one that continues to evolve.
July 15, 2021
Last week, we reviewed the basics about captive insurance companies, nonadmitted insurance and the essence of the federal legislation known as the NRRA. This week, we examine what the states did to implement NRRA and how that affected, or may affect, insurance premiums paid to out-of-state captives.
July 8, 2021
We are seeing increased focus by state tax departments on nonadmitted insurance premium reporting, tax payments owed and auditing of captive insurance companies. This article is Part I of our primer on the application of the nonadmitted premium tax rules to purchases of insurance from out-of-state captives.
February 16, 2021
Minnesotans whose “home state” is here and who purchase “nonadmitted insurance” directly from insurers not licensed to sell insurance in Minnesota are required to file Form IG255 annually with the Department of Revenue.
March 21, 2020
COVID-19 has had innumerable impacts on our daily lives. In response, the IRS and certain local states have provided guidance for taxpayers whose federal income tax returns are due on April 15.
PUBLICATIONS & PRESENTATIONS
- Co-presenter, “Revisiting the “Three-Legged Stool”: Is Good Tax Policy Dead?,” Fredrikson & Byron Webinar, November 4, 2021
- Co-presenter, “FBAR Controversies Continue: Foreign Account Reporting, Compliance Requirements, and Litigation Update,” Fredrikson & Byron Webinar, April 29, 2021
- Presenter, “Joint Ventures: Key Issues and Potential Conflicts in Establishing and Operating Joint Ventures,” HCBA Webinar, February 18, 2021
- Presenter, “International Joint Ventures: Some Tricks and Traps of the Trade,” Fredrikson & Byron Webinar, December 17, 2020
- Co-presenter, “Federal and State Residency Issues: COVID and Beyond…,” Minnesota State Bar Association’s 80th Tax Institute, December 14, 2020
- Co-presenter, “Something Different: An Income Tax “Potpourri” Webinar,” Fredrikson & Byron and RSM Webinar, December 10, 2020
- Co-presenter, “Leaving Town? Top 10 Minnesota Residency Myths Debunked,” Fredrikson & Byron Webinar, November 12, 2020
- Co-presenter, “Key Transfer Pricing Considerations (and Opportunities) in the Era of COVID,” Fredrikson & Byron and RSM Webinar, September 29, 2020
- Presenter, “Joint Ventures: US or Foreign, They’re Not What They Used To Be,” Oregon Bar Association’s 20th Annual Tax Institute, September 16, 2020
- Presenter, “Cross Border Legal and Tax issues in the Age of COVID-19,” Fredrikson & Byron International Webinar Series, June 16, 2020
- Co-presenter, “State and Local Tax Implications of International Tax Reform and the CARES Act,” The State Tax Webinar Series, hosted by Fredrikson & Byron and Minnesota Society of CPAs, June 11, 2020
- Co-presenter, “Special Report: Federal Tax Reform – State Tax Conformity, or Not?,” COST Mid-West Regional State Tax Seminar, September 19, 2019
- Co-presenter, “Global Supply Chain Trends and Developments: Asia and Latin America,” Fredrikson & Byron and Global Minnesota Program, June 18, 2019
- Presenter, “International Joint Ventures: A Re-emerging Option for International Business,” MSBA International Joint Ventures Webinar, April 26, 2019
- Co-presenter, “Understanding the Implications of the New Transfer Pricing Rules: Taxation for Cross Border Transactions,” MSBA International Business Law Institute, April 17, 2019
- Panel Chair and co-presenter, “International Tax Planning and Key Issues Following TCJA,” Minnesota Bar Association’s 78th Annual Tax Institute, December 2018
- Panel Chair and co-presenter, “International Joint Ventures: Structuring, Governance and Tax Related Issues,” Minnesota State Bar Association’s 77th Annual Tax Institute, November 2018
- Panel Chair and co-presenter, “Oh, You’re a Tax Lawyer: Then Can You Answer This?” Minnesota State Bar Association’s 77th Annual Tax Institute, November 2018
- Panel Chair and co-presenter, “U.S. International Tax: The Changing Landscape,” Minnesota State Bar Association Webinar, October 2018
- Presenter, “International Tax Changes in the TCJA: Operating From This New World While Doing Business and Investing in the Old…” Oregon State Bar Association’s 18th Annual Tax Institute, June 2018
- Co-presenter, “International Tax and Structuring Issues in International Franchise and Distribution Arrangements,” ABA’s International Law Section Annual Conference, April 2018
- Presenter, “Insurance Taxation Issues,” Des Moines Insurance Roundtable, March 2018
- Presenter, “Overview of U.S. International Tax and Tax Treaties: Key Principles, Key Issues,” Oregon State Bar Association’s 17th Annual Tax Institute, June 2017
- Panel Chair and co-presenter, “The Changing Landscape of International Tax,” Minnesota State Bar Association’s 41st Annual International Business Law Institute, May 2017
- Presenter, “Overview of U.S. International Tax and Tax Treaties,” Florida Bar Association’s International Law Association Global Forum on International Law, February 2017
- Panel Chair, “Key Issues in IRS Investigation of Offshore Activities,” Minnesota State Bar Association’s 76th Annual Tax Institute, December 2016
- Panel Chair and co-presenter, “Key International Tax Planning Issues: Permanent Establishments, BEPS and Transfer Pricing,” Minnesota State Bar Association’s 76th Annual Tax Institute, December 2016
- Co-presenter, “Utilizing Captive Insurance Companies in Franchising: How Does THAT Work?” Franchise Business Network, August 2016
- Co-presenter, “Expanding Abroad From the United States: What You Don’t Know May Hurt Your Business,” ABA’s Business Law Section Spring Meeting, April 2016
- Co-presenter, “Introduction to, and Overview of, U.S. Tax Treaties,” Minnesota State Bar Association, October 2015
- Presenter, “Career Choices and Development Opportunities in Tax,” University of Minnesota Law School, October 2015
- Co-presenter, “Direct Selling Internationally: Tools for Navigating the Business and Tax Pitfalls,” Direct Selling Association, 2015 Global Strategies Summit, October 2015
- Presenter, “New Frontiers in International Franchising: Tax Issues for International Franchising for Dummies,” International Bar Association/International Franchise Association’s 31st Annual Joint Program, 2015
- Co-presenter, “International Tax Polar Plunge: Cold Realities of Inversions, FACTA and Expatriations,” Minnesota Bar Association, 2015
- Presenter, “Update on International Tax Issues and Proposals Reform,” Minnesota Bar Association, Tax Institute, 2014
- Presenter, “Employing Staff in and from Asia,” The Expatise Academy, Amsterdam, Tax Faculty, November 2014
- Presenter, “Key Tax Issues in International Franchise Transactions,” International Franchise Association, 47th Annual Legal Symposium, 2014
- Presenter, “Placing Employees in Europe: Case Studies in Employment Benefits and Corporate Tax Challenges,” Forum for Expatriate Management, 2014
- Co-author, “Tax Issues in International Franchising,” The International Journal of Franchising Law, October 2015
- Author, “Why it Made Sense for Walgreens To Not Take Advantage of Tax Inversions,” Minnesota State International Business Times, August 2014
- Chapter Co-author, “International Issues,” Mergers and Acquisitions of Franchise Companies, Second Edition, American Bar Association, 2014
- Author, “What are Inversions,” Minnesota Center for Fiscal Excellence Newsletter, July 2014
- Author, “What Are the Implications of U.S. Expats Giving Up Their Citizenship?” Society for Human Resource Management, May 2014
Honors & Education
- Georgetown University, LL.M. (Tax), 1978, with honors
- George Washington University Law School, J.D., 1978, with high honors
- University of Wisconsin, Madison, B.A., 1969, with distinction
- District of Columbia
- U.S. Supreme Court
- U.S. Tax Court
- The Best Lawyers in America, Tax Law, 2010-present, Litigation & Controversy, 2012-present
- 2019 Jack Carlson Memorial Distinguished Service Award, Minnesota State Bar Association, Tax Law Section Annual Judges Conference, 2019
- Marquis Who’s Who® Albert Nelson Marquis Lifetime Achievement Award, 2018
- The Legal 500, Tax, Aviation and Captive Insurance
- Top Lawyers in the State, 2011-2019
- Who’s Who in American Law
- Who’s Who International
- Who’s Who in Executives and Professionals
- Adjunct Professor, International Tax, University of Minnesota Law School, 2011-present
- Board member, Minnesota State Bar Association, Tax Council, 2016-present
- Minnesota Center for Fiscal Excellence, Board Member, 1990-present; Board President, 2004-2006; Executive Committee Member, 2006-present
- National Tax Association, Board Member, 1999-2002
- Tax Executives Institute, Board Member, 1998-2002
- Adjunct Professor, International Tax, Georgetown University Law Center (LL.M. (Tax) graduate tax program), 1978-1987
- Air Transport Association, Tax Committee and Insurance Committee, Former Chair
- International Air Transport Association, Risk and Insurance Managers Panel, Former Chair
- American Bar Association
- Lieutenant, U.S. Navy, 1969-1972
- Carver County Sheriff’s Office Mounted Posse, Deputy Sheriff, 2002-present; Board Member, 2010; Training Committee Chair, 2012-present
- Search, Rescue and Recovery Resources of Minnesota, 2008-present; Counsel to Board, 2010-present
- Casa de Esperanza, Pro Bono Counsel, 2008-present