Todd Solomon

Todd Solomon

McDermott Will & Emery

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Developments Impacting Benefits for Same-Sex Spouses

As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

8/29/2014 - DOMA Employee Benefits Employee Rights Employer Liability Issues ERISA FMLA Same-Sex Marriage SCOTUS US v Windsor Wage and Hour

June 30 Deadline Approaches for Mandatory E-File FBAR Reporting

2014 presents particular challenges with respect to FBAR, the Report of Foreign Bank and Financial Accounts, for certain U.S. persons with interests in or signature authority over assets exceeding $10,000 held outside the...more

6/25/2014 - Bank Secrecy Act E-Filing FBAR FinCEN Foreign Banks Income Taxes IRS

Non-U.S. Retirement Plans Must Comply with or Claim Exemption from FATCA by July 1

In January 2013, the Internal Revenue Service (IRS) published final regulations under the Foreign Account Tax Compliance Act (FATCA). FATCA is intended to make it more difficult for U.S. taxpayers to conceal assets held in...more

6/11/2014 - FATCA FFI Foreign Banks Income Taxes Retirement Retirement Plan Tax Evasion

New IRS Program for Delinquent Form 5500 Filers of Non-ERISA Plans

The Internal Revenue Service recently established a one-year pilot program that provides plan administrators and plan sponsors of certain non-ERISA and foreign plans subject to the annual Form 5500 reporting requirements...more

6/3/2014 - Benefit Plan Sponsors ERISA Form 5500 IRC IRS Plan Administrators Reporting Requirements

IRS Guidance Clarifies Retroactive Retirement Plan Impact of Supreme Court’s Windsor Ruling

The Internal Revenue Service issued Notice 2014-19 and a set of Frequently Asked Questions on April 4, 2014, clarifying certain retroactive retirement plan implications of the Supreme Court’s Windsor ruling. The guidance...more

4/10/2014 - IRS Retirement Plan Same-Sex Marriage

HHS Guidance Clarifies that Insurance Companies Must Make Available Health Insurance Coverage for Same-Sex Spouses

On March 14, 2014, the Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services (CMS) released guidance clarifying the final regulations implementing Section 2702 of the Public Health Service Act...more

4/2/2014 - CMS Healthcare HHS Marriage PHSA Same-Sex Marriage

District Court Strikes Down Rental Allowance Tax Exemption for Ministers

A federal court recently declared unconstitutional Internal Revenue Code Section 107(2), which excludes from gross income a rental allowance paid to a “minister of the gospel” as part of his or her compensation, on the...more

1/6/2014 - Clergy Members Exemptions Income Taxes Religious Institutions

Same-Sex Marriage in Illinois

With same-sex marriages to begin in the state of Illinois next year, employers should expect an increase in requests for spousal benefit coverage from employees who have legally married their same-sex partners. The new law...more

11/12/2013 - DOMA Employee Benefits Marriage Same-Sex Marriage SCOTUS US v Windsor

New California Law Affects State Taxation of Employer Tax Gross-Ups for Domestic Partners

The California state legislature recently enacted a law that may affect the taxation of benefits an employer provides to same-sex domestic partners in the state. California AB 362 excludes from gross income for California...more

10/30/2013 - DOMA Domestic Partnership Income Taxes Same-Sex Marriage SCOTUS State Taxes Tax Benefits US v Windsor

IRS Guidance on Employment and Income Tax Refunds on Same-Sex Spouse Benefits

Employers extending benefit coverage to employees’ same-sex spouses and partners should review their payroll procedures to ensure that such coverages are properly taxed for federal income and FICA tax purposes. Employers...more

10/17/2013 - DOMA Employee Benefits FICA Taxes Income Taxes IRS Same-Sex Marriage SCOTUS Tax Refunds US v Windsor

IRS and DOL Guidance Clarifies Employee Benefits Impact of Supreme Court’s DOMA Ruling

Recent guidance issued by the U.S. Department of the Treasury, the Internal Revenue Service (IRS) and the Employee Benefits Security Administration (EBSA) division of the U.S. Department of Labor (DOL) provides some initial...more

10/1/2013 - Defined Benefit Plans Defined Contribution Plans DOL DOMA EBSA Employee Benefits ERISA FMLA Healthcare IRS Retirement Plan Same-Sex Marriage SCOTUS State of Celebration US v Windsor

Treasury Department & IRS Issue DOMA Guidance —Adopt a “State of Celebration” Approach

In Internal Revenue Service (IRS) Revenue Ruling 2013-17, the U.S. Department of the Treasury and the IRS on August 29, 2013, ruled that legally married same-sex couples will be treated as married for federal tax purposes. ...more

9/3/2013 - DOMA IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits U.S. Treasury US v Windsor

Two Federal Courts Recognize Same-Sex Spousal Rights for Residents of States Not Permitting Same-Sex Marriage

Obergefell v. Kasich and Cozen O’Connor v. Tobits may reflect a growing trend of courts and other bodies to recognize same-sex marriages validly celebrated elsewhere even if the couple’s current state of residence does not...more

8/2/2013 - Death Benefits DOMA Employee Benefits ERISA Residency Requirements Same-Sex Marriage SCOTUS Surviving Spouse

IRS to Begin Compliance Checks of Non-Governmental Section 457(b) Plans

The Internal Revenue Service recently announced it was conducting “compliance checks” of Section 457(b) plans. This newsletter discusses what those compliance checks involve as well as the steps Section 457(b) plan sponsors...more

7/8/2013 - 457(b) Plans Compliance IRS Voluntary Correction Program

Multiple Class Action Complaints Challenge Church Plan Status of Hospital Pension Plans

Recent complaints challenging the “church plan” status of certain pension plans maintained by church-sponsored hospital systems may signal the beginning of a new wave of lawsuits challenging underfunded church pension plans. ...more

7/1/2013 - Catholic Church Churches Class Action ERISA Hospitals IRS Pensions

Supreme Court Ruling on DOMA Could Lead to Refunds of Federal Taxes

Employers providing benefits for employees' same-sex spouses may want to consider the availability of federal payroll tax refunds if the Supreme Court of the United States finds Section 3 of the Defense of Marriage Act (DOMA)...more

6/12/2013 - DOMA Employee Benefits Income Taxes Payroll Taxes Same-Sex Marriage SCOTUS Tax Refunds

Supreme Court Oral Arguments on DOMA, Proposition 8: Potential Employee Benefit Plan Implications

On March 26 and 27, 2013, the Supreme Court of the United States heard oral arguments in cases challenging the constitutionality of the federal Defense of Marriage Act (DOMA) and California’s Proposition 8. A Supreme Court...more

5/7/2013 - DOMA Employee Benefits Hollingsworth v Perry Proposition 8 Same-Sex Marriage SCOTUS Standing US v Windsor

Favorable Temporary ACA Exemption for Expatriate Health Plans

Recently issued guidance addresses the unique compliance issues surrounding expatriate health plans under the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act...more

5/2/2013

Employers Should Review How Plan Documents Define Spouse in Light of Recent Benefits Litigation

Two recent cases challenging benefit eligibility for same-sex spouses highlight the need for employer-sponsored retirement and welfare plans to clearly define "spouse" for eligibility purposes. Employers may want to review...more

4/30/2013 - DOMA Eligibility Employee Benefits ERISA Same-Sex Marriage

IRS Issues Procedures for Securing Favorable Opinions on Pre-Approved 403(b) Programs

The Internal Revenue Service (IRS) recently released a revenue procedure establishing a new program for the pre-approval of 403(b) plans. The program opens June 28, 2013, and the IRS will begin accepting applications for...more

4/17/2013 - 403(b) Plans Advisory Opinions IRS Non-Profits Pre-approval

What You Need to Know About FATCA’s Impact on Non-U.S. Retirement Plans

The Internal Revenue Service recently published final regulations under the Foreign Account Tax Compliance Act (FATCA), which are effective immediately. FATCA imposes significant reporting obligations on both non-U.S....more

3/21/2013 - FATCA FFI Foreign Bank Accounts Intergovernmental Agreements IRS Reporting Requirements Retirement Plan Tax Penalties

IRS Issues 403(b) Plan Fix-It Guide

On February 21, 2013, the Internal Revenue Service (IRS) added to its “self-help” resources a new “403(b) Plan Fix-It Guide” to provide guidance more specifically directed at 403(b) plan sponsors that identify qualification...more

3/12/2013 - 403(b) Plans IRS Voluntary Correction Program

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