David Stuart Kerzner

 
Education Queen's University, Faculty of Law
Ph.D. in Law, candidate since 2009

  New York University School of Law
LL.M. in Taxation Degree awarded in May 1994

  New York University School of Law
LL.M. in International Legal Studies Degree awarded in May 1993

  Queen’s University, Faculty of Law
LL.B. Degree awarded in May 1990

  University of Western Ontario, Ivey School of Business
B.A. (in Honours Business Administration) Degree awarded in June 1987

 

 
Bar Admissions
  Province of Ontario, admitted since 1992
  State Bar of New York, admitted since 1993
  U.S. Tax Court, admitted since 1994
  U.S. District Court, S.D.N.Y., admitted since 1994
  U.S. Court of International Trade, admitted since 1994
  Roll of Solicitors of England and Wales, admitted since 2000
  Foreign Legal Consultant, Province of Ontario, since 2005

 

 
Clerkship Hon. Burton R. Lifland, Chief United States Bankruptcy Judge
U.S. Bankruptcy Court, S.D.N.Y., New York City, Judicial Clerk (extern).


 


Academic Monash University, Melbourne, Australia, 2008-2009
Research Fellow, Department of Business Law & Taxation

  Faculty of Law, Queen’s University, Kingston, Ontario 2008-2010
Sessional Lecturer
Course: Taxation of Trusts & Estates

  Washington Institute for Graduate Studies, San Diego
Professor Emeritus in Tax Law, 2009-
Professor in Tax Law, 2003-2008

 

 
Professional Memberships
  New York State Bar Association, Section on Taxation
  American Bar Association, Section on Taxation
  Canadian Tax Foundation
  Law Society of Upper Canada
  Law Society of England and Wales

 

 
Military U.S. Department of Defense, Washington D.C.
Office of the Assistant Secretary of Defense for Reserve & Veteran Affairs
Department of Defense Ombudsman for the State of New York
Employer Support of the Guard and Reserve (2008-2009)
  United States Navy
U.S. Navy Chaplain’s Corps & U.S. Marine Forces Reserve
Recruit Training Command, Great Lakes, IL
Marine Combat Schools, Camp Lejeune, N.C., Honor Graduate
Marine Expeditionary Forces Religious Unit, Camp Pendleton, CA

 

 
Medals National Defense Service Medal, United States Navy
  Global War on Terrorism Service Medal, United States Navy
  125th Anniversary of the Confederation of Canada Medal

 

 
Publications, Symposia and Lectures
 
Books The Tax Advisors’s Guide to the Canada -U.S. Tax Treaty
(Thomson-Reuters-Carswell, 2008) (Loose-leaf, 2 Volumes)
Editor-in-Chief and Principal Co-Author with Vitaly Timokhov
 
The Manager’s Guide to International Taxation
(Thomson-Reuters-Carswell, 2010)
Co-author with Prof. Arthur Cockfield, JSD (Stanford)
 
Chapters U.S. International Taxation of the Transfer of Technology: A Primer for CFOs, Tax Directors, & Foreign Tax Advisors in The Taxation and Valuation of Technology (D. Chodikoff & J. Horvath, eds., Irwin Law, 2008).
 
Articles, Lectures, and Symposia
  Themes in the Taxation of Trusts, Lecture
Queen’s University Faculty of Law, November 4, 2009.

  Cross Border Dimensions in Residence, Webinar, with Vitaly Timokhov,
Thomson-Reuters-Carswell, September 17, 2009.

  Of Summer’s Past and the Fall of the Tax Evaders, IT’S PERSONAL,
Thomson-Reuters-Carswell, Vol. 2 Issue 4, September 2009.

  Permanet Establishments, Basics and Beyond, Webinar, with Vitaly Timokhov, Thomson-Reuters-Carswell, July 8, 2009.
  IRS Intensifies Efforts to Investigate and Prosecute Willful Violators Who Hide Offshore Accounts and Income, IT’S PERSONAL, Thomson-Reuters-Carswell, Vol. 2 Issue 3, May 2009.
  U.S. Taxation of Canadian Businesses: The Role of Agents, Faculty of Law, Queen’s University, March 23, 2009 (Lecture).

  The Preservation of Wealth under the New U.S. Exit Tax Rules: Avoiding the Minefields and Ticking Time Bombs Facing U.S. Citizens and Green Card Holders Living Abroad, IT’S PERSONAL, Vol. 2 Issue 2, March 2009.

  Protocol to U.S.-Canada Treaty Introduces New 15 Percent Withholding Tax Rate for Contingent Interest, JOURNAL OF TAXATION OF FINANCIAL PRODUCTS, Volume 7 Issue 4 (2008), Co-Author with Angela W.Y. Yu.
  Top Ten Considerations for U.S. Trust and Estate Taxation, Ontario Bar Association, March 3, 2008, (Lecture).
  International Estate Planning Across the 49th Parallel, Ontario Bar Association, March 3, 2008.
  Panel Chair, Tax Treaties and International Investments, at Globalization and the Impact of Tax on International Investments, Queen’s University Faculty of Law, February 29, 2008.
  An Introduction to U.S. Transfer Pricing, Osgoode Hall Law School, March 26, 2007 (Lecture).
  A Primer on Taxing Canadian Companies Doing Business in the United States, Faculty of Law, Queen’s University, January 31, 2007 (Lecture).
  Understanding Recent U.S. Tax Developments in Cross Border Mergers and Acquisitions, THOMSON/RIA, Toronto, June 21, 2005 (Keynote luncheon address).
  L. Bellam, P. Strasler, P. Westaway, The Global Solution: Surfing the Emerging International & Practice of Electronic Commerce, Symposium on Electronic Commerce: The Impact of the Digital Age on Commercial Law, OSGOODE HALL LAW SCHOOL at YORK UNIVERSITY, Toronto, March 25, 1997.
  International Tax Obligations Under NAFTA: Investor Rights and Remedies, TAX NOTES INTERNATIONAL, Dec. 9, 1996, p. 1961.
  International Taxation Under NAFTA, Canada-U.S. Tax Conference, COUNCIL FOR INTERNATIONAL TAX EDUCATION, Toronto, October 2, 1996 (Keynote luncheon address).
  Introduction to International Taxation, Lecture, Symposium on International Law, BENJAMIN N. CARDOZO SCHOOL OF LAW, February 19, 1996 (Lecture).
  The Commercial Real Estate Laws of the Peoples’ Republic of China & Shenzhen, an Overview, 76 VANDERBILT JOURNAL OF TRANSNATIONAL LAW 581, (October, 1993).

 

 
Cases Ethyl v. Canada (International Arbitration)
Procedural advisor for the first investor-state claim under Chapter Eleven, NAFTA. Reported in The Financial Post, Wall Street Journal, and the American Lawyer. Team leader was Barry Appleton, foremost global expert on commercial arbitration and bilateral investment treaties.


 

 
Sample Transactions
 
1997-2008*
  • Advised international food manufacturer with $7 Billion in revenue on global IP restructuring.
  • Advised Global Financial Group with Revenue over $10 Billion on U.S. corporate tax and U.S. international tax structuring issues for $350 million securitization vehicle.
  • Advised large Canadian fund with assets in excess of $40 Billion on cross border investment and financing strategies.
  • Advised large Israeli Tech Fund Group on tax planning related to North American investments.
  • Advised U.S. company with $180 million revenue on executive relocation to Canada.
  • Advised fund with over $50 billion in assets on tax planning relating to North American investments and financing matters.
  • Advised North American steel company on international divestiture of $30 million in assets.
  • Advised large Latin American fund on U.S. anti-deferral rules and U.S. compliance.
  • Advised Seller in $120 million transaction on U.S. international tax and treaty issues relating to withholding.
  • Advised global commercial real estate firm in Canada regarding U.S. real estate, partnership, and international tax issues relating to structuring a cross border investment fund.
  • Advised Canadian public company on U.S. M&A/International tax issues relating to cross border reverse takeover transaction.
  • Advised leading global software developer ($10 million in revenue) on exploitation of its product in the U.S. market.
  • Advised Canadian consumer goods company ($10 million in revenue) on expansion into the U.S. market.
  • Advised U.S. company on $8 million sale of its Canadian branch, including M&A and international tax issues.
  • Advised families with a net worth ranging from $10 million-$2 billion on cross border tax controversy and international estate planning.
  • Advised US company with over $40 Billion in revenue on acquisition of $200 million industrial operation in South America.
  • Advised US company with over $10 Billion in revenue on a $50 million worthless stock deduction relating to foreign investments.
  • Advised US company with over $10 Billion in revenue on divestiture of $450 million in foreign natural resource assets.
  • Advised US company with over $10 Billion in revenue on key issues. relating to a major study on the determination of the Overall Foreign Loss limitation on Foreign Tax Credits for the Consolidated Group.
  • Advised Canadian company on real estate structuring and financing of major residential and resort development project in the United States.
  • Advised US technology company with revenue over $400 million on planning relating to global distribution of computer chips.
  • Advised Canadian high tech industrial company with over $1 Billion in revenue on trading company structure for expansion into the U.S. and foreign markets.
  • Advised Canadian digital communications company with over $1 Billion in revenue on global business optimization planning.
  • Advised US consumer products company with over $9 Billion in revenue on global business optimization planning.
  • Advised US public heavy industry company with over $2 Billion in revenue on restructuring of worldwide operations (including design and implementation of global trading company in Switzerland).
* Random selection and order