Labor & Employment Tax

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Tax Policy Update

NUMBER OF THE WEEK: $42,268. The projected average taxable income of all tax returns in 2015, according to the Joint Committee on Taxation’s Feb. 27 report on “Fairness and Tax Policy.” The report also projects that the top...more

The Dangers of Reimbursing Employees for Individual Health Insurance Premiums--and the Limited Relief for Small Employers

Prior to the passage of the Affordable Care Act ("ACA") in 2010, employers were able to reimburse their employees for the premiums those employees paid for individual health insurance. This long-standing practice was changed...more

Don’t Miss Short-Term Deferral Day

Section 409A, the provision of the Internal Revenue Code that regulates the time and form of payment of nonqualified deferred compensation, contains a helpful exception for “short-term deferrals.”...more

Legal Alert: IRS Offers Rules of the Road for Cadillac Plan Tax

On February 23, the Internal Revenue Service (IRS) issued Notice 2015-16 (Notice), which describes several possible approaches for implementing the excise tax on high-cost employer-sponsored health care plans (also known as...more

San Francisco Gross Receipts Tax Update: New Regulations Impact Returns Due Today

The San Francisco Office of the Treasurer and Tax Collector recently issued Gross Receipts Tax regulations, tax return filing instructions and other guidance addressing major changes to how owners of disregarded entities are...more

State Attorneys General Return to Health Care Reform in U.S. Supreme Court

On Wednesday, the U.S. Supreme Court will hear arguments in what is being teed up to be “Round 2” on the Affordable Care Act (ACA). In the case King v. Burwell, the question before the Court is whether the IRS can extend tax...more

Mississippi Lt. Governor Proposes Tax Cuts

Lt. Governor Tate Reeves recently unveiled a plan to cut taxes in Mississippi by approximately $380 million over a ten-year period. Reeves' proposal is called the "Taxpayer Raise Act of 2015," and has been introduced to the...more

It’s The Plan Sponsor’s Responsibility, Just Because

I have been a fan of Sesame Street since I was a child and again as an adult when my children were younger. It’s a brilliant show that has educated millions of kids in the past 45 years. One of the great events in Sesame...more

IRS Issues Final Forms And Instructions For The New Reporting Requirements For The Employer Shared Responsibility Mandate

As previously reviewed in The Fast Laner, in order to administer and enforce the rules of the Individual and Employer Shared Responsibility Mandates of the Affordable Care Act (ACA), Sections 6055 and 6056 were added to the...more

The Tip Credit: Won't Be What It Is Now for New York Employers

On February 24, 2015, the Commissioner of Labor accepted the recommendation of the New York State Department of Labor's (NYSDOL) Wage Board (the "Wage Board") for a 50 percent increase in the minimum hourly rate for tipped...more

White House Budget Recommends Elimination of in-Plan Roth Rollovers of After-Tax Contributions

As reported, the Internal Revenue Code currently permits a plan design that allows plan participants to convert non-Roth after-tax contributions to Roth contributions through in-plan Roth rollovers. This design would allow a...more

Worker Classification Impacts ACA Excise Tax

A reminder to employers who are now calculating whether or not they are an “applicable large employer” for purposes of the shared responsibility payment effective this year under the Affordable Care Act. The Act considers all...more

IRS Issues Preliminary Guidance on Cadillac Tax

Monday, the Internal Revenue Service issued preliminary but much-anticipated guidance on the so-called Cadillac tax imposed by the Affordable Care Act (ACA). The new notice offers very few concrete answers to employer...more

Premium Reimbursement Arrangements Get Relief - More ACA Transition Relief—This Time for Small Employers and S-Corps

The IRS issued guidance on Feb. 18, 2015, providing temporary relief until June 30, 2015, from steep penalties for small employers and S-corps that have continued to use premium reimbursement arrangements to provide health...more

IRS Issues Final Forms for Affordable Care Act Reporting

The Internal Revenue Service has finalized the forms and instructions for reporting information necessary for enforcement of the individual and employer mandates under sections 6055 and 6056 of the Internal Revenue Code. The...more

IRS Announces That It Will No Longer Refund FICA Taxes on Severance Payments

The IRS recently announced that severance payments are taxable wages under FICA, and thus employers who seek tax refunds on those payments will be denied. The IRS’s position reflects the United States Supreme Court’s ruling...more

Limited Transition Relief Provided for Employer Payment Plans

The Internal Revenue Service (IRS) recently issued additional guidance (Notice 2015-17) addressing the treatment of arrangements whereby an employer reimburses an employee for some or all of the premium expenses incurred for...more

Partial Relief for Employer Payment of Individual Insurance Premiums

In a recent notice, the Internal Revenue Service has tempered prior guidance that closed the door on employer arrangements for paying the cost of individual health insurance for employees. The IRS still views these premium...more

FMLA Modified to Protect Same-Sex Spouses Regardless of State of Residence

Among its many protections, the federal Family and Medical Leave Act (FMLA) affords certain covered workers job-protected leave to care for a spouse who has a serious health condition. Since enactment of the FMLA, the law of...more

Reimbursing Employees for Health Premiums Could Trigger ACA Penalties

Q. "I’m a small business owner with fewer than 50 employees. I do not offer health insurance coverage for my employees, but I do reimburse them for their substantiated health insurance premium payments. I normally deduct the...more

Temporary Waiver of ACA Penalties for Small Employers’ Individual Insurance Premium Reimbursement Plans

Last week, the IRS announced the waiver (for 2014 and the first half of 2015) of the penalty for “small” employers that reimburse employees for individual health insurance premiums. To the IRS, “small employer” means an...more

IRS Clarifies Prior Guidance on Premium Reimbursement Arrangements; Provides Limited Relief

Continuing its focus on so-called “premium reimbursement” or “employer payment plans”, the Internal Revenue Service (IRS) released IRS Notice 2015-17 on February 18, 2015. In this Notice, which was previewed and approved by...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. February Vacation Results in Relatively Quiet Week in Augusta, Except the Tax Package...more

Washington Healthcare Update

This Week: Upcoming Hearing: HHS Sec. Burwell Appearing Before E&C Committee on FY2016 Budget... CMS Issues 2016 Payment and Policy Updates for Medicare Health and Drug Plans... CMS Releases Improved Rating System for Nursing...more

Ohio’s Proposed Budget Could Raise Cost of Doing Business

Governor Kasich recently released his proposed FY16-17 state budget, which provides a 23% reduction in personal income tax rates over the next two years and expands deductions available to small businesses having receipts...more

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