Nicholas J. Stock II

Nick Stock has extensive knowledge and experience in U.S. federal and international tax planning, charitable organizations, corporate law, securities, and contract drafting. Nick provides business and tax planning and outside general counsel services related to transactions and operations. He regularly advises on corporate and securities laws, mergers and acquisitions, and complex tax issues.

Nick has also advised on a wide variety of general business law issues, including securities compliance and litigation; questions facing manufacturers and retailers under the Uniform Commercial Code; international trade and supply chain; general contract review, drafting and negotiation; specific performance in the context of a real estate purchase agreement; constructive eviction in the context of a commercial lease agreement; etc.

Before joining Foster Swift, Nick worked at DTE Energy, and Amazon.com on complex, multi-jurisdictional projects involving oil & gas, energy, advertising, and satellite telecom.

• Successfully advised regarding multistate arrangement involving software as a service and leasing of related hardware and cloud-based services to avoid application of sales tax under state exemption.
• Advised a variety of businesses and transactions regarding eligibility and transfer requirements for new and existing environmental tax incentives, including investment tax credits, carbon credits earned through use and sequestration under the Internal Revenue Code, as amended by the Inflation Reduction Act.
• Advised large Michigan-based farm cooperatives exempt under Subchapter T of the Internal Revenue Code regarding complex tax and general business matters, including unclaimed patronage checks under various state unclaimed property statutes.
• Advised real estate development company regarding domestic state-level tax opportunities and incentives.
• Successfully advised established West Michigan real estate developer regarding qualifying and complying with Brownfield Authority requirements.
• Restructured national printing business resulting in separation of several expanded business lines under holding company structure.
• Planned and structured complex spin-off involving regulated entities in oil and gas sector.
• Structured tax-free division of integrated business lines due to irreconcilable differences of ownership.
• Advised numerous insurance companies and insurance brokers regarding tax, compliance, and reporting issues under federal and state law, including ERISA.
• Successfully advised payor of employment class settlement regarding settlement and business structuring to ensure maximum deductibility; successfully advised victim payee of Larry Nassar abuse payments regarding nontaxability and reporting obligations.
• Provided international planning advice and formal opinion to US shareholders, CFC, and lender regarding GILTI, Subpart F, and PFIC consequences of cross-border activities and investment by US pharmaceutical company.
• Advised multinational enterprise regarding consequences of cross-border arrangement involving US-based artificial intelligence technology licensed to overseas Indian support subsidiary, avoiding permanent establishment under post-MLI tax treaty.
• Advised public multinational enterprise regarding cross-border advertising activities.
• Advised multinational business regarding go-to-market tax planning to launch telecom business in 60 countries in coordination with local tax counsel.
• Provided detailed business planning advice in connection with numerous taxable and tax deferred transactions involving corporations, S-corporations, partnerships, and tax-exempt entities such as private foundations, cooperatives, and ESOPs.
• Advised numerous community colleges, banks, and credit unions regarding the formation and operation of charitable foundations.
• Successfully obtained a complete IRS withdrawal of proposed high six-figure tax penalty on behalf of municipality.
• Counseled government, educational, and private scholarship organizations regarding the implications of Executive Orders related to DEI initiatives and amending or repurposing improperly restricted funds.

*Certain matters above were handled prior to joining Foster Swift.

Community Affiliations:

• Grand Rapids Chamber CFO Committee
• Michigan Business Broker’s Association
• Phi Beta Kappa Association (Former Governor)
• Rockford Pickleball Club