Labor & Employment Tax Nonprofits

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NJ Federal Court Rules Pension Plan Established By Church-Controlled Hospital Not an ERISA-Exempt Church Plan

On March 31, 2014 the U.S. District Court in New Jersey held that a defined benefit pension plan established by St. Peter’s Healthcare System was not a church plan exempt under ERISA despite the fact that St. Peter’s is...more

Association TRENDS 2014 Legal Review

In this issue: - Top 5 Legal Issues of the Past Year - And the horse you rode in on Antitrust and membership restrictions - Employment and benefits developments: Same-sex couples - DOJ rules on...more

The Impact of IRS Recognition of All Legal Same-Sex Marriages on Nonprofit Organizations’ Employee Benefit Plans

In this presentation: - United States v. Windsor - State Laws - Scope of Change - IRS Revenue Ruling 2013-17 - IRS FAQs - IRS Notice 2014-1 - DOL Technical Release 2013-04 - Other...more

Conducting Operations Overseas: What Every Nonprofit Should Know

In this presentation: Road Map: Top Ten Steps to Successful and Compliant International Operations - - Identify Goals in the Foreign Market: What’s next? - Phased Approach: Considerations in entering...more

Perspectives - November 2013

In Revenue Ruling 2013–17, the Internal Revenue Service (IRS) announced that the terms “husband and wife,” “husband” and “wife” in the Internal Revenue Code are to be interpreted to include an individual married to a person...more

Employee Benefits for Same-Sex Couples: What Your Nonprofit Needs to Know

In this presentation: - United States v. Windsor - IRS Revenue Ruling 2013-17 - IRS FAQs - IRS Notice 2013-61 - Correction of employment tax overpayments for health and other fringe...more

California Enacts 409A Legislation Reducing State Tax Penalty

California Governor Jerry Brown signed into law AB1173 on Oct. 4, 2013, reducing the California 409A tax penalty from 20% to 5% for taxable years beginning January 1, 2013. The bill, a victory for California businesses and...more

Attention Non-Profits, Public Schools and Other 403(b) Plan Sponsors: the Deadline to Correct a Failure to Adopt a Section 403(b)...

In what seems like a lifetime ago, the IRS provided eligible plan sponsors until December 31, 2009 to adopt a written plan under which they would maintain their existing Section 403(b) arrangements. A 403(b) plan is a...more

The Impact of IRS Recognition of All Legal Same-Sex Marriages on Nonprofit Organizations' Employee Benefit Plans

On August 29, 2013, the Internal Revenue Service (IRS) issued Revenue Ruling 2013-17, which answers many questions raised by the Supreme Court’s ruling in United States v. Windsor earlier this summer. In Windsor, the Court...more

Connecting the Dots for Nonprofits on Healthcare Reform: The Exchanges, the Premium Subsidies, and the Employer Mandate

In this presentation: - Introduction - The Exchanges and The Subsidies - Preparing for the Employer Mandate - Employer Strategies - Other Fees and Market Reform - Excerpt from: The...more

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

IRS Report Scrutinizes Unrelated Business Income Reporting by Tax-Exempt Organizations

The Internal Revenue Service (IRS) has released a final report (the “Report”) summarizing its findings from a study focused on the level of compliance by tax-exempt colleges and universities with respect to unrelated...more

Next Stop: IRS Compliance Checks Of Non-Governmental 457(b) Deferred Compensation Plans

Recently the Employee Plans Compliance Unit (EPCU) of the Internal Revenue Service completed an informal compliance check of 401(k) plans conducted via an extensive written questionnaire sent to plan sponsors. ...more

IRS Announces Compliance Check Program for Tax-Exempt Employers

Sponsors of 457(b) plans may receive questionnaires aimed at identifying noncompliance issues. On June 3, the Employee Plans Compliance Unit of the Internal Revenue Service (IRS) announced the creation of its Section...more

IRS Announces Plans To Look Into UBTI Reporting On A Broader Scale

On May 8, 2013, the House Ways and Means Subcommittee on the Oversight of Tax-Exempt Organizations held a hearing on the College and University Compliance Project Final Report (“Final Report”) issued by the IRS on April 25,...more

IRS Releases College And University Compliance Project Final Report – Implications For All Tax-Exempt Organizations

On April 25, 2013, the IRS released its College and University Compliance Project Final Report, which updates the interim report issued in 2010. ...more

Five Years in the Making - IRS Releases Findings from Colleges and Universities Compliance Project

The IRS announced it is nearing completion of a five year long compliance project involving tax-exempt colleges and universities. The project, which began with questionnaires to 400 randomly-selected institutions, focused on...more

Recent 403(b) Developments

Background - 403(b) retirement plans are similar to 401(k) plans, but the employers who may establish 403(b) plans are limited to public schools, certain tax exempt employers (including religious and charitable...more

"Exempt and Nonprofit Organizations Alert: IRS Addresses UBTI and Executive Compensation Issues"

IRS Addresses Issues of Unrelated Business Taxable Income and Executive Compensation in Colleges and Universities Compliance Project Report - On April 25, 2013, the Internal Revenue Service (IRS) released its Final...more

Regulatory Focus on Colleges and Universities Is Increasing

In the last two weeks, both the IRS and Congressional officials announced major milestones in the increasing regulatory focus on colleges and universities. First, the IRS emphasized misreported taxable income and...more

IRS Issues Final Report on Colleges and Universities Compliance Project

Report offers lessons for many tax-exempt organizations on unrelated business taxable income and executive compensation....more

Recent IRS Guidance Concerning 403(b) Plans

Final Internal Revenue Code Section 403(b) regulations which became effective January 1, 2009 require that plan sponsors adopt written 403(b) Plan documents. ...more

IRS Releases Final Colleges and Universities Compliance Report: Reveals Significant Underreporting

A recent report of the IRS’ Exempt Organizations (EO) division provides the results of a multi-year audit of tax-exempt colleges and universities regarding their compliance with IRS reporting requirements. The report focuses...more

Compensation and Unrelated Business Income are Focus of IRS Colleges and Universities Report

Just a few weeks before many tax-exempt organizations file their annual Form 990, the IRS yesterday released its final report on the Colleges and Universities Compliance Project, which it had initiated in 2008 by sending...more

403(b) Plans – Correction Of Plan Errors

Final Internal Revenue Code Section 403(b) regulations issued December 31, 2009 require that plan sponsors adopt written 403(b) Plan documents. A 403(b) Plan is a form of defined contribution retirement plan that may only be...more

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