Angela Bohmann

Angela Bohmann

Stinson Leonard Street

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Executive Briefing - May 2014

In This Issue: - ADA Reasonable Accommodation Requests: Avoid Rigid Policies and Consider Technology - IRS Issues Guidance on Qualified Plan Amendments Regarding Same Sex Spouses - OSHA to Refer Untimely...more

6/13/2014 - ADA Chief Compliance Officers Compliance Disability Employee Benefits Employee Rights IRS Marriage NLRA NLRB OSHA Qualified Health Plans Reasonable Accommodation Same-Sex Marriage

IRS Issues Guidance on Qualified Plan Amendments Regarding Same Sex Spouses

Employers have been considering the impact on benefit programs, including the qualified retirement plans, of the U.S. Supreme Court’s decision recognizing the validity of same sex marriages. In September, 2013, the IRS issued...more

6/12/2014 - DOMA Employee Benefits IRS Marriage Qualified Health Plans Same-Sex Marriage SCOTUS Tax Benefits US v Windsor

QDROs For Unmarried Cohabitants?

Sponsors of qualified retirement plans know that, generally speaking, plan benefits cannot be taken from a participant through legal process or otherwise be assigned to anyone other than the participant. There is an exception...more

5/12/2014 - Cohabitation Agreements Dependents Divorce IRS Marital Assets Multiemployer Plan QDRO Qualified Retirement Plans

Government Publications On 401(k) Plans May Be Of Interest

The IRS and Department of Labor issue a number of publications on different topics, including 401(k) plans. The IRS has posted on its website a couple of jointly issued publications directed at small employers who sponsor or...more

5/1/2014 - 401k IRS

Even A Tax Lawyer Can Get The IRA Rollover Rules Wrong – Part 2

I blogged recently about a tax court decision where a tax lawyer flubbed an IRA rollover, resulting in adverse tax consequences to him and his wife. An interesting aspect of the case – but one not mentioned in the decision –...more

4/1/2014 - IRA IRA Rollovers IRS

ACA Pay Or Play: Is Your Dependent Coverage Compliant?

Now that the IRS has issued final regulations under Section 4980H, the so-called “pay or play” provision of the Affordable Care Act, employers are deciding how to determine whether employees are full-time (30 hours or more a...more

3/25/2014 - Affordable Care Act Dependent Coverage Foster Children Full-Time Employees Health Insurance IRS Minimum Essential Coverage Pay or Play Penalties Stepchildren

Even A Tax Lawyer Can Get The IRA Rollover Rules Wrong

Individuals are permitted to roll over amounts in one IRA to another IRA only once in a 12 month period. The rollover must be completed within 60 days. ...more

2/13/2014 - IRA IRA Rollovers IRS

Gas Prices Must Be Going Down

Every year the IRS issues optional standard mileage rates that can be used by taxpayers to calculate the deductible cost of operating an automobile for business, charitable, medical or moving purposes. Many employers...more

12/10/2013 - IRS Mileage Reimbursement

IRS Loosens Use It Or Lose It Rule

As employers who sponsor cafeteria plans know, flexible spending accounts (FSAs) under those plans have had a “use it or lose it” rule. Under that rule, employees who participate in the spending accounts must make elections...more

11/14/2013 - Carryover Basis Flexible Spending Accounts Healthcare IRS Use or Lose Rule

More About HRAs And Some About EAPs

I blogged recently about IRS and Department of Labor (DOL) guidance restricting the ability of employers to subsidize individual health insurance premiums for their employees after December 31, 2013. That IRS and DOL guidance...more

10/14/2013 - Affordable Care Act DOL EAP Employer Group Health Plans ERISA Health Insurance Exchanges Healthcare HRA IRS Premiums

The Supreme Court Will Decide Whether FICA Taxes Is Owed On Severance Pay

I blogged about Quality Stores, a case in which the Sixth Circuit Court of Appeals held that severance pay is not subject to FICA (Social Security) taxes if certain requirements are met: The severance payments must be made...more

10/11/2013 - FICA Taxes IRS Quality Stores SCOTUS Severance Pay

No More Pre-Tax Premiums For Individual Insurance Policies?

Over the years we have seen some employers, particularly small employers, choose to provide health coverage to their employees by paying all or part of the premium for individual insurance policies that the employees have...more

10/11/2013 - Affordable Care Act DOL Employer Group Health Plans Healthcare HRA IRS Premiums SHOP Program Subsidies

If The Tax Withholding Is Wrong, Don’t Rely On The Employer To Fix It – Part 2

Over a year ago I blogged about the situation of former employees of Verizon who had never worked or resided in the United States but who had U.S. income taxes withheld from payments under benefit plans in which they...more

8/8/2013 - Fiduciary Duty Foreign Nationals Income Taxes IRS Tax Refunds Verizon Withholding Requirements

IRS Says: Be Careful If You Outsource Payment

The IRS recently issued a fact sheet containing tips for employers who outsource payroll duties....more

8/6/2013 - IRS Payment Plans Payroll Taxes

Be Careful If ROBS Is Your Business Financing Strategy

Various promoters have suggested to entrepreneurs that they use the assets in their 401(k) plans or IRAs to finance a new business. These programs are sometimes known by the acronym ROBS, or Rollovers as Business Start-ups....more

5/16/2013 - 401k IRA IRS ROBS

More On Discounted Stock Options Under Section 409A

My colleague Jeff Cairns blogged about a recent court case confirming the IRS’s position that discounted stock options can be considered noncompliant nonqualified deferred compensation arrangements under Section 409A of the...more

3/12/2013 - Deferred Compensation IRS Section 409A Stock Options

Independent Contractor Or Employee – It Can Depend Upon Who Has The Burden Of Proof

Those of us who work in the benefits area understand that the distinction between employee and independent contractor is an important one, but one in which the determination is not always clear. In many cases, the IRS takes...more

1/25/2013 - Burden of Proof Independent Contractors IRS Misclassification

Certain Plan Designs Will Cost More Under The Patient-Centered Outcomes Research Institute Fees

The Affordable Care Act establishes a Patient-Centered Outcomes Research Institute as a private nonprofit corporation to assist patients, clinicians, purchasers and policy makers in making informed health decisions using...more

12/26/2012 - Affordable Care Act Flexible Spending Accounts HRA HSA IRS Patient-Centered Outcomes Research Trust Self-Funded Health Plans

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