Tax Law, Business Organization, Labor & Employment Law

Be Careful If ROBS Is Your Business Financing Strategy

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/16/2013

Various promoters have suggested to entrepreneurs that they use the assets in their 401(k) plans or IRAs to finance a new business. These programs are sometimes known by the acronym ROBS, or Rollovers as Business Start-ups....more

Why Retirement Plan Sponsors are Always on the Hook for Liability

by Ary Rosenbaum on 5/14/2013

Whoever said the road to hell is paved with good intentions might have been a retirement plan sponsor. While setting up a retirement plan is a good intention, a plan sponsor’s lack of diligence in reviewing what is going on...more

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

by Tyrone Thomas | Mintz Levin - Employment, Labor & Benefits on 5/13/2013

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

Regulatory Focus on Colleges and Universities Is Increasing

by Marla K. Conley | Schnader Harrison Segal & Lewis LLP on 5/8/2013

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

“Stuff” Every 401(k) Plan Sponsor Must Keep

by Ary Rosenbaum on 5/7/2013

George Carlin said that all you need in life is a place for your stuff. Carlin said that all a house really is; is a place for your stuff. When it comes to being a retirement plan sponsor, retirement plan sponsors need a...more

Carrying on Business in Canada

by Heenan Blaikie LLP on 5/3/2013

In This Publication: - Preface - General Information - Immigration - Investment Factors - Intellectual Property - Principal Forms of Business Entities - Taxation -...more

How 401(k) Plan Sponsors Can Improve Their Odds In “The Retirement Gamble”

by Ary Rosenbaum on 5/3/2013

PBS’ Frontline had a scathing report on 401(k) plans called “The Retirement Gamble”. The Retirement Gamble had no roulette tables or free drinks; it was a rather sobering look at the troubles affecting 401(k) plan and...more

“Rookie” Mistakes Every Retirement Plan Provider Should Avoid

by Ary Rosenbaum on 4/30/2013

Whether you like it or not, first impressions mean the most. If you fail to make a good impression the first time out, many times you never get a chance to make a second impression. Some times that bad impression is because...more

Inside M&A - Spring 2013

by Joseph S. Adams, Robert Clary II, Thomas P. Conaghan, Jeffrey Holdvogt, Joanne Ludovici, Jennifer Mikulina, Jeffrey Rothschild, Jake Townsend, Jeffrey Wagner | McDermott Will & Emery on 4/30/2013

Top Five Traps for the Unwary in Spin-Offs - A wave of corporate breakups has swept through the United States over the last few years as investors have taken notice of the fact that smaller companies focused on a...more

What Every Private Equity Fund Manager Should Know About ERISA

by The R. Bernard Law Group on 4/26/2013

What is ERISA? The Employee Retirement Income Security Act of 1974 (“ERISA”) protects the interests of employee benefit plan participants by establishing strict standards of conduct for “plan fiduciaries” – i.e.,...more

Independent Contractor or Employee: Are Independent Contractors the Best Solution for Multinational Organizations?

by Carson G. Burnham, Bonnie Pucket | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/24/2013

Almost every organization expanding overseas needs a vehicle to explore the market before making the business decision to establish a legal entity, yet few legal vehicles are available for this preliminary measure. Most...more

How an Employer Can Improve Their 401(k) Plan At Little Or No Cost

by Ary Rosenbaum on 4/23/2013

Sometimes you can just rejuvenate something without have to replace it. A nice new tie can breathe life into an older suit. Instead of new kitchen cabinets, resurfacing is an option. Sanding and staining can add luster to a...more

A Cautionary Tale Under Code § 409A: Case Evidences IRS' Willingness To Seek 409A Penalties For Discount Options

by Janet Lowder | Womble Carlyle Sandridge & Rice, PLLC on 4/22/2013

The United States Court of Federal Claims recently issued an opinion confirming that § 409A of the Internal Revenue Code of 1986 applies in the context of discount stock options. The case, Sutardja v. United States, is one of...more

Top Ten Tax Mistakes For Restaurant Owners

by David Gair | Looper Reed & McGraw, P.C. on 4/19/2013

If you are thinking about getting into the restaurant business there are a multitude of issues that you need to consider. One of the most important is taxes. By this I mean, doing the appropriate advanced planning and also...more

Provincial Income Allocation: Salaries And Wages To Include All Taxable Benefits

by Cheryl Gibson | Dentons on 4/17/2013

In the Provincial Income Allocation Newsletter No. 4 (March 2013), the Canada Revenue Agency notes that the Allocation Review Committee (“ARC”) has changed its position on amounts previously excluded in calculating “salary...more

Why Retirement Plan Sponsors Need To Care About Plan Design

by Ary Rosenbaum on 4/16/2013

Would you leave money on the table for the government to take instead? Would you not maximize your retirement savings because your accountant or third party administrator (TPA) told you that you had to give the same amounts...more

What is an 83(b) election and how and when should I make one?

by The R. Bernard Law Group on 4/15/2013

When an employee or service provider receives stock that is subject to vesting, they should immediately consider how that stock might be treated under Section 83 of the Internal Revenue Code. Stock grants subject to Section...more

The Worthlessness of The 401(k) Fiduciary Warranty

by Ary Rosenbaum on 4/9/2013

When it comes to selling products and services, marketing is everything. Marketing can help push a product or service into popularity, regardless of whether it’s good or not. Spuds MacKenzie was such great marketing; it made...more

The “Real” Role of a 401(k) Plan Financial Advisor

by Ary Rosenbaum on 4/3/2013

Over time, there are so many full time positions in the workforce that are as obsolete as the Atari 2600 in my garage. Many people remember the milkman or the diaper man who made deliveries or the woman who worked the...more

Another 10 Major Misconceptions Plan Sponsors Have About Their Retirement Plans

by Ary Rosenbaum on 3/26/2013

Throughout history, there have been misconceptions that people believe in (even until this day) despite the evidence to the contrary. Mrs. O’Leary’s cow didn’t start the Great Chicago Fire of 1871 and Benito Mussolini didn’t...more

Four Tax Sections To Consider When Structuring Equity Compensation

by The R. Bernard Law Group on 3/21/2013

Stock option plans and other forms of equity-based compensation allow startups and emerging growth companies to incentivize employees to continue working with the company to achieve certain milestones. These forms of...more

The Top 10 Major Misconceptions Plan Sponsors Have About Their Retirement Plans

by Ary Rosenbaum on 3/20/2013

Retirement plans can be an effective means for employee retention and tax savings. However if not operated properly, a retirement plan can inadvertently expose the employer to liability from unhappy plan participants and the...more

More On Discounted Stock Options Under Section 409A

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 3/12/2013

My colleague Jeff Cairns blogged about a recent court case confirming the IRS’s position that discounted stock options can be considered noncompliant nonqualified deferred compensation arrangements under Section 409A of the...more

The Building Blocks of a Successful Retirement Plan Practice

by Ary Rosenbaum on 3/6/2013

Any building requires a good foundation, because otherwise it will topple over. The same can be said for any retirement plan provider. Too many retirement plan providers such as financial advisors and third party...more

Symptoms that Your Retirement Plan Might Be In Trouble

by Ary Rosenbaum on 3/1/2013

The most important thing is your health and there are times where symptoms you have can detect a greater threat to your health. You can either take care of your symptoms or you can ignore it and experience that greater harm...more

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Tax Law › Business Organization › Labor & Employment Law