Tax Business Organization Labor & Employment

Read need-to-know updates, commentary, and analysis on Tax issues written by leading professionals.
News & Analysis as of

How Retirement Plan Advisors Can Benefit From Any New DOL Fiduciary Rule

One of my favorite companies is Netflix. The first time I came into contact with them, it was through an offer that was in the box of the first DVD player I bought in 2000. Instead of rentals through Blockbuster or Hollywood...more

Corporate E-Note - June 2015

In this Issue: - IRS Issues Guidance on Portability: The IRS recently issued final regulations that provide guidance on the federal estate and gift tax applicable exclusion amount, in general, as well as the...more

Things in a 401(k) Plan That Don’t Look Right

They always say that you should never judge a book by its cover, but people do. People say you shouldn’t judge people by their appearance and they do. Just because something doesn’t look right, doesn’t mean it isn’t right....more

Deferred Compensation - Updated IRS Audit Guide

The IRS recently updated the Audit Techniques Guide that is provided to its agents with respect to deferred compensation programs, including - as the Guide specifies - salary reduction arrangements, bonus deferral plans,...more

Employer’s Excuses About Their Retirement Plan And Why They’re Wrong

When dealing with my children and many adults, I hear many excuses why things don’t get done correctly. No one wants to accept re- sponsibility for their ineptness; they just cling to these excuses. Plan sponsors don’t have...more

Small 401(k) Plans Have More Problems Than Larger Ones

Bigger does not mean better, that’s what mom and pop stores say all the time. Sometimes they are right, sometimes they are wrong. When it comes to 401(k) plans, most people would assume that larger 401(k) plans would have...more

Nevada Establishes Conclusive Presumption for Independent Contractor Status

In Terry v. Sapphire Gentlemen’s Club, 336 P.3d 951 (Nev. Oct. 30, 2014), the Nevada Supreme Court adopted the Fair Labor Standard Act (FLSA)’s “economic realities” test to determine whether workers can be classified as...more

Taking Your Business International

Going international is a complicated undertaking. The steps required will depend on your specific situation and concerns. The following outlines, in very general terms, some of the issues you must consider as you begin to...more

As a Retirement Plan Provider, Things You Should Let Go

A few years back, I would hear “Let it Go” from the movie Frozen every 5-7 minutes. It was a great song from a great movie, but it was a little unnerving to hear it 7-10 times on a short car trip. Then it stopped, my children...more

New York State Attorney General Issues Guidance on the Conflict of Interest and Whistleblower Policy Provisions of the New York...

The New York State Attorney General’s Charities Bureau recently issued written guidance on certain provisions of the New York Non-Profit Revitalization Act of 2013 (the “Act”), including provisions on audit oversight...more

Electronic Self-Certification for Hardship Distributions is Not Sufficient

In its April 1, 2015 Employee Plans News, the IRS stated that defined contribution plan sponsors must maintain hardship distribution records and that plan sponsors cannot rely on electronic participant self-certification for...more

Plan Sponsors Should Avoid The Dark Side of the Retirement Plan Business

I grew up in New York City and the City of today isn’t like it was when I grew up. They called it Fun City and not because it was fun unless you thought crime was fun. I remember going to take a Washington D.C. bus (because...more

It Takes Only One Retirement Plan Participant To Sink An Employer

There are a couple of songs that says it takes two, but that’s for love. When it comes to causing grief and heartache for retirement plan sponsor, it only takes one. The one is a plan participant who is adamant of making a...more

Treasury Releases Select Draft Provisions for Next U.S. Model Income Tax Treaty

The Treasury Department announced draft changes for the U.S. Model Income Tax Treaty — the baseline text used by the Treasury Department when it negotiates tax treaties. The current U.S. Model was last updated in 2006. The...more

Supreme Court Rules on Limits of State Taxing Authority – Refund Claims in Order

In Comptroller v. Wynne, the Supreme Court ruled that individuals who earn income in states in which they do not reside may be entitled to refunds if the taxes they pay to the nonresident state are not fully creditable...more

IRS Limits Correction Opportunities under Section 409A Proposed Income Inclusion Regulations and Imposes 20% Penalty

In Chief Counsel Advice 201518013 (May 1, 2015) (the "CCA"), the IRS addresses an executive retention bonus that originally vested after three years and was payable in equal installments on the first two anniversaries of the...more

Coming to America Part II: Legal & Cultural Challenges for Emerging Companies

In our last post “Coming to America Part I,” we discussed why emerging companies would choose enter the US market to do business. In this post, we will discuss the many interrelated legal and cultural factors non-US companies...more

Tax Policy Update

NUMBER OF THE WEEK: 40 percent. The average combined federal and state tax rate paid by most U.S.-based firms, according to a Wall Street Journal op-ed by James Freeman today, entitled “The Tax Takeover Craze.” Freeman claims...more

A Plan Sponsor’s Foolproof Way To Getting In Trouble

The foolproof method to getting inves- tigated for tax evasion? Stop filing your taxes. The foolproof method to get hit by a car? Run into mid-town traffic. The foolproof method to get the chicken pox? Don’t take the vaccine...more

Does Your Retention Bonus Plan Violate IRS Code?

In a memorandum released earlier this month, the IRS Office of Chief Counsel ruled that a retention bonus payable to an executive violated Section 409A of the Internal Revenue Code ("409A"). The IRS further ruled that the...more

IRS Publishes Proposed Regulations Addressing Fracking Services by MLPs

On May 6, 2015, the Internal Revenue Service (IRS) published proposed regulations [REG-132634-14], which if finalized would clarify that income from certain oil and natural gas fracturing (“fracking”) services is “qualifying...more

Ways to Make Your Family Business More Family Friendly

Family businesses face many hurdles. One of the biggest hurdles for family businesses (as for all businesses) is keeping and retaining talent. Family businesses have to compete for talent against bigger, more established...more

How an Employer Can “Juice Up” Their 401(k) Plan At Little Or No Cost

I use the word “juice” a lot and it has nothing to do with what I drink. It comes from a Don Rickles line to Robert DeNiro in Casino as to why an incompetent slot machine manager played by Job Bob Briggs has a job there; his...more

TaxAble: Tax Tips You Ought To Know

A person has phantom income when she or he has taxable income, but does not receive an equal amount of cash. Phantom income is generally dreaded by taxpayers and tax advisers alike. Yet, it occurs surprisingly frequently in...more

For Retirement Plan Providers, It’s All About Making A Connection

If you’ve read an article or two of mine, then you know I’m a big fan of movies. I’ve a big fan of movies as long as I remember and the movies that are my favorites are the ones that make a personal connection to me. The...more

446 Results
|
View per page
Page: of 18

Follow Tax Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×