Jeffrey S. Ashendorf

Jeffrey S. Ashendorf

FordHarrison

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Employer Errors in Dealing with Additional Medicare Tax

The IRS has modified two of its "frequently asked questions" (FAQs) relating to the additional 0.9 percent "high-earner" Medicare tax that is required to be withheld starting this year. The modifications address how to deal...more

11/24/2014 - Additional Medicare Tax Employer Liability Issues IRS Medicare Taxes

IRS Provides Protection against Upcoming Change in Rollover Rules

Today, in Announcement 2014-32 (the "Announcement"), the Internal Revenue Service clarified the rules that will apply going forward when an owner of an individual retirement arrangement (IRA) seeks to roll over a distribution...more

11/12/2014 - Financial Products Income Taxes IRA IRA Rollovers IRS Popular

IRS Announces 2015 Cost-of-Living Increases to Benefit Plan Limits

On October 23, 2014, the Internal Revenue Service announced cost of living adjustments affecting the limitations applicable to pension and other retirement plans, in IR 2014-99. Some of the limitations remain unchanged...more

10/24/2014 - Benefit Plan Sponsors COLA Employee Benefits Income Taxes IRS Popular

Business Associate Agreements May Require Amendment

The Omnibus Final Rule (the "Omnibus Rule") under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), was issued in January, 2013 effective March 26, 2013, but with a general compliance deadline of...more

9/4/2014 - Business Associates Covered Entities Final Rules Healthcare HIPAA HIPAA Omnibus Rule PHI

When is a Retirement Account not a Retirement Account?

Q: When is a retirement account not a retirement account? A: When it's an inherited IRA and the owner is bankrupt. That's what the Supreme Court said last week in a case involving the Bankruptcy Code's exemption...more

6/17/2014 - Clark v. Rameker Consumer Bankruptcy Estate Planning IRA Popular Retirement SCOTUS

Many Employers Will Owe Increased Unemployment Tax

Executive Summary: Employers in 15 states (and the Virgin Islands) may not be eligible to claim the maximum amount of credit for state unemployment contributions on their 2014 federal unemployment tax (FUTA) return (Form 940)...more

4/21/2014 - FUTA Unemployment Unemployment Insurance

Supreme Court Decides Severance Not Exempt From FICA

Executive Summary: On March 25, 2014, the United States Supreme Court unanimously held that certain severance payments (described as "supplemental unemployment compensation benefits" or "SUBs") constituted taxable wages for...more

4/1/2014 - FICA Taxes Quality Stores SCOTUS Severance Pay

IRS Answers Some Outstanding Questions For Same Sex Spouses

Since the Supreme Court's decision in United States v. Windsor holding the Defense of Marriage Act ("DOMA") to be unconstitutional, and the related guidance issued thereafter by the Internal Revenue Service certain questions...more

12/18/2013 - DOMA FSA HSA IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits US v Windsor

Mid-Year Changes To Safe-Harbor Plans

On November 14, 2013, the Internal Revenue Service issued final regulations modifying some of the conditions for making mid-year changes to employer matching or nonelective contributions under plans that utilize the...more

11/15/2013 - 401k Employee Benefits Employer Contributions IRC IRS Safe Harbors

IRS Modifies "Use It Or Lose It" Rule For Health Flexible Spending Arrangements

Summary: On October 31, 2013, the Internal Revenue Service (IRS) issued Notice 2013 -71 (the "Notice"), which made two significant changes affecting the administration of cafeteria plans under section 125 of the Internal...more

11/4/2013 - Carryover Basis Flexible Spending Accounts Healthcare IRS

The Windsor FICA Fix

As promised, the Internal Revenue Service has prescribed special procedures that employers may use in order to retroactively correct FICA withholding and payment following the Supreme Court's decision earlier this year in...more

9/26/2013 - DOMA FICA IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits US v Windsor

Labor Department Signs On To State-Of-Celebration Rule For Same-Sex Marriages

On September 18, 2013, the Department of Labor's Employee Benefits Security Administration (EBSA) issued Technical Release 2013-04 (the "Release"), adopting the treatment of same-sex marriages for purposes of ERISA (and for...more

9/20/2013

Legal Alert: IRS Answers Residence Question For Same-Sex Spouses

On August 29, 2013, the Internal Revenue Service issued Revenue Ruling 2013-17, under which same-sex couples will be treated as married for all federal tax purposes, including income and gift and estate taxes, if their...more

9/3/2013 - DOMA Income Taxes IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits US v Windsor

Legal Alert: Correcting 2012 Withholding Errors

One of the changes made by the American Taxpayer Relief Act ("ATRA") was to restore the $240 monthly limit on employer-provided transit passes or commuting transportation, which had reverted to $125 as of January 1, 2012. ...more

1/18/2013 - American Taxpayer Relief Act Employee Benefits FICA Taxes Income Taxes Payroll Taxes Retroactive Application Transit Benefits Withholding Errors

Legal Alert: The Fiscal-Cliff Tax Relief Affected Benefits, Too

As most everyone knows by now, Congress adopted, and President Obama signed, legislation – the American Taxpayer Relief Act (the "Act") – that resolves many elements of the so-called "fiscal cliff," i.e., the various tax...more

1/5/2013 - Adoption Alternative Minimum Tax American Taxpayer Relief Act Charitable Donations CLASS Act Dependent Care Educational Assistance Programs Fiscal Cliff IRA Roth Conversions Tax Extensions

Legal Alert: IRS Provides Temporary Waiver Of Certain Eligibility Requirements For The Voluntary Classification Settlement Program

In Announcements 2012-45 and 2012-46, the IRS has temporarily eased the eligibility requirements for employers to participate in the employment-tax Voluntary Classification Settlement Program ("VCSP") that was begun last...more

12/21/2012 - DOL Independent Contractors IRS Misclassification VCSP

Legal Alert: IRS Provides Disaster Relief for Plan Participants

Executive Summary: In addition to the other various employee benefit plan relief provided as a result of Hurricane Sandy, on November 16 the Internal Revenue Service announced, in Announcement 2012-44, that certain...more

11/19/2012

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