Administrative Law, Tax Law, Labor & Employment Law

IRS "Fresh Start Program" Offers More Taxpayers Greater Opportunity to Resolve IRS Debts

by Mary Beth Lee | Duane Morris LLP on 1/16/2013

If you currently owe back income and/or payroll taxes, the Internal Revenue Service's (IRS) recently initiated "Fresh Start Program" may now make either (1) the installment agreement or (2) an Offer in Compromise (OIC) a more...more

Top Issues for Employers in 2013: Social Media & Independent Contractors

by Micha "Mitch" Danzig | Mintz Levin - Employment, Labor & Benefits on 1/16/2013

Employment lawyers anticipate that employers’ social media policies and their use of independent contractors will be hot button issues in the New Year, much like they were in 2012... ...more

New and Improved Retirement Plan Correction Program Includes Crucial 403(b) Relief

by David Rosner, C. John Wentzell, Jr. | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/16/2013

On December 31, 2012, as Times Square in New York was getting ready to drop the crystal ball, the Internal Revenue Service (IRS) dropped long-awaited guidance regarding retirement plan corrections in the form of Revenue...more

Some Federal, State, & Employment, Tax Considerations When Deciding on A Business Entity (LLC, Corporation or Sole Proprietorship)

by Scott Legal Services, P.C. on 1/15/2013

The amount of taxes that you have to pay is one of the key reasons that individuals select one business entity type over another. The term “tax” though is a bit too general for a business as “tax” could refer to federal tax,...more

Employer Alert -- January 2013: IRS Proposed Regulations On PPACA’S Shared Responsibility Provisions Full of New Year Surprises...

by Eric N. Athey, Kelley E. Kaufman | McNees Wallace & Nurick LLC on 1/14/2013

On December 28, 2012, the Internal Revenue Service (“IRS”) issued long-awaited proposed regulations regarding the “shared responsibility” penalty provisions of the Patient Protection and Affordable Care Act (“PPACA”). In...more

IRS Updates Employee Plans Compliance Resolution System

by Kary Crassweller, Lisa Loesel, Mary Samsa | McDermott Will & Emery on 1/14/2013

The Internal Revenue Service (IRS) recently updated the Employee Plans Compliance Resolution System (EPCRS), the comprehensive system of correction programs for sponsors of qualified retirement plans. The components of EPCRS...more

American Taxpayer Relief Act of 2012: Tax Implications for U.S. Taxpayers Living Abroad

by Henry Bupel, Matthew Kohley, Jenny Longman | Patterson Belknap Webb & Tyler LLP on 1/11/2013

Although the American Taxpayer Relief Act of 2012 (“Fiscal Cliff Legislation”) passed last week does not contain any sweeping changes targeted at U.S. taxpayers living abroad, a number of provisions are relevant to such U.S....more

Conducting Workplace Investigations

by Phyllis C. Katz | Sands Anderson PC on 1/11/2013

Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors...more

New Law Expands “In-Plan” Roth 401(k) Conversions

by Nancy Gerrie, Elizabeth Savard, Joseph Urwitz | McDermott Will & Emery on 1/10/2013

The American Taxpayer Relief Act of 2012 (the "fiscal cliff" bill) allows employers to amend 401(k), 403(b) and governmental 457(b) plans to permit participants to convert pre-tax account balances to Roth account balances. ...more

The IRS Modifies the Voluntary Classification Settlement Program

by Tiffany Brosnan, Geoffrey Gunnerson, Carlene Lowry, Mark Ziemba | Snell & Wilmer L.L.P. on 1/9/2013

On October 4, 2011, we reported on the Voluntary Classification Settlement Program (VCSP), a program in which the IRS permits employers to prospectively reclassify workers as employees in exchange for limited federal...more

Health Care Reform: Preparations For 2014 Pay Or Play Rules Should Begin Now

by Andrew Malahowski | Franczek Radelet P.C. on 1/9/2013

By far the most important issue for employers to consider under the Affordable Care Act (ACA) is the employer “free rider penalty,” often referred to as “pay or play.” Instead of forcing employers to provide group health...more

Annual Notices for ISOs and ESPPs due January 31, 2013

by Ropes & Gray LLP on 1/9/2013

Each January, companies that grant incentive stock options (ISOs) are required to provide notices to current and former employees who exercised ISOs during the preceding calendar year. Similar notices must be given to current...more

2013 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

by King & Spalding on 1/9/2013

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To...more

Employers Must Gross Up Back Pay Awards in NLRB Cases

by Rose McCaffrey | Sherman & Howard L.L.C. on 1/9/2013

In another bold move, the National Labor Relations Board (NLRB) has beefed up the requirements for back pay payments when an employer loses a labor dispute. Employees and their lawyers have long complained of the tax...more

For Employers, Pay-or-Play Proposals Could Be Worse, Much Worse

by Timothy J. Stanton | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/9/2013

Could employee benefits regulatory activity under the Patient Protection and Affordable Care Act (Act) be taking a turn toward common sense?...more

Legal Alert: The Fix Is In: IRS Updates Retirement Plan Correction Programs

by Margaret C. Barker, Adam Cohen, Carol McClarnon, Jamey Medlin, Alice Murtos, Joanna Myers, Vanessa Scott, W. Mark Smith, William Walderman, Carol Weiser | Sutherland Asbill & Brennan LLP on 1/8/2013

The Internal Revenue Service (IRS) provided some alternative entertainment on New Year’s Eve by releasing the long-awaited updated Employee Plans Compliance Resolution System (EPCRS) revenue procedure on December 31, 2012....more

IRS Releases Further Guidance on Employer Health Care Coverage Mandate and Penalties

by Jean C. Hemphill, Edward I. Leeds | Ballard Spahr LLP on 1/8/2013

The Internal Revenue Service has released proposed regulations and FAQs on the shared responsibility provisions of the Affordable Care Act (ACA). These rules require large employers to offer full-time employees and their...more

New IRS Rules for Employer Shared Responsibility Provisions under Health Care Reform

by Daniel Cooper | Armstrong Teasdale LLP on 1/8/2013

From an employer’s perspective, one of the most important components of the Affordable Care Act (ACA) is the employer shared responsibility provisions. The Internal Revenue Service (IRS) just issued proposed regulations...more

A Soft Landing From The Fiscal Cliff For Employee Benefits

by Vicki M. Nielsen, David Rosner | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2013

Well, Congress in the season of giving has provided plan sponsors and participants with multiple beneficial opportunities to start 2013. Congress passed the American Taxpayer Relief Act of 2012 (H.R. 8), also known as the...more

IRS Issues Proposed Rule on ACA Play or Pay Requirements

by Ilyse Schuman, David Weiner | Littler on 1/7/2013

Full implementation of healthcare reform under the Affordable Care Act (ACA) is less than a year away. The most important aspect of the new system for employers is the "employer shared responsibility" or "play or pay"...more

Government Agencies Provide Guidance on Taxes and Fees under the Affordable Care Act

by Jean C. Hemphill, Edward I. Leeds | Ballard Spahr LLP on 1/7/2013

In regulations and other pronouncements issued toward the end of 2012, the government has provided further details on new taxes and fees introduced by the Affordable Care Act (ACA)....more

Fiscal Cliff Bill Includes Commuter Tax Benefits

by Patricia Moran | Mintz Levin - Employment, Labor & Benefits on 1/7/2013

The American Taxpayer Relief Act of 2012 (the “Act”), signed on January 3, increases the pre-tax contribution that commuters may make towards van pools as well as transit passes....more

IRS (Finally) Releases Updated Voluntary Correction Procedures, Including 403(b) Corrections

by Leonard, Street and Deinard - Employee... on 1/7/2013

On December 31, 2012 the Internal Revenue Service (IRS) released Revenue Procedure 2013-12 which replaces existing Revenue Procedure 2008-50, the procedure for voluntary correction of qualified retirement plan errors. The...more

Union Friendly - Using Collectively Bargained Pension Plans to Maximize Pension Contributions for Closely Held Business Owners

by Gerald Nowotny on 1/7/2013

Overview - In the “old days” business owners and employees were able to have good pension plans that did not depend upon the fate of the stock market, i.e. defined benefit plans. We have all heard the stories of New...more

IRS Guidance Favorably Modifies Voluntary Worker Classification Settlement Program

by David Diaz, Diane M. Morgenthaler, Ruth Wimer | McDermott Will & Emery on 1/5/2013

One year ago the Internal Revenue Service (IRS) published Announcement 2011-64, which provided a Voluntary Classification Settlement Program (VCSP) for employers to treat their workers as common law employees rather than...more

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Administrative Law › Tax Law › Labor & Employment Law