News & Analysis as of

Employment Tax

McGlinchey Stafford

Is a “Tip” Paid in Cryptocurrency a Tip for Employment Tax Purposes?

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Tips are in the news lately. It seems like political strategists on both sides of the aisle have concluded that excluding tips from taxable income is good for votes. One has to wonder if this political promise will go the way...more

McDermott Will & Emery

Weekly IRS Roundup July 29 – August 2, 2024

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of July 29, 2024 – August 2, 2024. ...more

Cole Schotz

Employee Retention Credit Voluntary Disclosure Program to Be Reopened: What You Need to Know

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On July 26, 2024, the IRS announced that they are in the final stages of reopening the Employee Retention Credit (ERC) Voluntary Disclosure Program. The ERC is a credit that was available to certain eligible employers...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Where Digital Nomad Visas Miss the Mark

Countries around the globe are establishing digital nomad visa regulations to allow foreign employees to enter the countries and work exclusively for foreign employers for short periods of time—generally, between six and...more

Littler

Shift Work and Tax Relief in Belgium: The New Law Introducing the ‘Variant Bis’ Has Been Published

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We recently reported on the saga that followed the Constitutional Court's ruling of February 8, 2024 on the conditions for applying the partial exemption from payment of withholding tax for employers organizing shift work...more

Rivkin Radler LLP

Trust Fund Recovery Penalty & The Closely Held Business

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Depending upon what you read or, perhaps more accurately, depending upon how much you believe of what you read, you may be aware that many closely held businesses are concerned about their future. Most of these survived...more

Fox Rothschild LLP

IRS Identifies Seven ERC Red Flags (and Other ERC Updates)

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The IRS recently issued a news release identifying seven signs that a business’s Employee Retention Tax Credit (the ERC) may be incorrect. The IRS identified these warning signs based on feedback from tax professionals and...more

Dorsey & Whitney LLP

The Special Timing Rule for Taxation of Nonqualified Deferred Compensation

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For an employee who is a U.S. taxpayer, both the employer and the employee are liable for a portion of Social Security taxes and Medicare taxes (collectively referred to as “FICA” taxes) on the employee’s compensation. ...more

Schwabe, Williamson & Wyatt PC

Revised FLSA Rule on Independent Contractor Classification

On January 9, 2024, the U.S. Department of Labor’s Wage and Hour Division announced a ‎final rule that revises the DOL’s interpretation of worker classification (employees versus ‎independent contractors) under the Fair Labor...more

Baker Donelson

IRS Launches Employee Retention Credit Voluntary Disclosure Program – Is It Time to Hold or Fold?

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As previously indicated, on December 21, 2023, the IRS launched the latest installment in a series of efforts to claw back pandemic-era tax credits erroneously received by ineligible employers. The Employee Retention Credit...more

Carr Maloney P.C.

Changes to the IRS/DOL Definition of "Independent Contractor"

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Effective on March 11, 2024, the definition of independent contractor will change for purposes of entitlement to overtime and payment of employment taxes....more

Proskauer Rose LLP

UK Tax Round Up - December 2023

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Welcome to December’s edition of our UK Tax Round Up. This month has seen two interesting decisions on the connections needed for amounts to be taxed as employment income, the latest instalment in the BlueCrest partner...more

Cooley LLP

Limited Partners May Be Subject to Self-Employment Tax

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On November 28, 2023, in Soroban Capital Partners LP v. Commissioner, the US Tax Court denied the taxpayer’s motion for summary judgment, holding that whether a limited partner in a state law limited partnership qualifies for...more

Proskauer - Tax Talks

Tax Court Holds That Active Limited Partners of State Law Limited Partnerships May Subject to Self-Employment Tax

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Section 1402(a)(13) of the Internal Revenue Code provides that the distributive share of “limited partners, as such” from a partnership is not subject to self-employment tax.[1] Managers of private equity and hedge funds are...more

Obermayer Rebmann Maxwell & Hippel LLP

Impactful Tax Court Decision May Now Subject “Limited Partners” to New Self-Employment Tax Burden

A U.S. Tax Court ruled on November 28, 2023, that limited partners in a partnership may be obligated to remit self-employment tax if they are not actually “limited” with respect to their involvement and relationship to a...more

Groom Law Group, Chartered

IRS Updates Regulations for Use and Timing of Forfeitures

Over the years, the Internal Revenue (IRS)/Treasury had an item on their annual guidance plan to update the existing regulations on forfeitures. Well, that guidance is finally here in the form of proposed regulations and it...more

DarrowEverett LLP

IRS Response to Israel’s Declaration of War: Relief to Impacted Taxpayers, But Extensions Granted to Its Enforcement Arm

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In IRS Notice 2023-71 (the “Notice”), the Internal Revenue Service (“IRS”) granted a postponement until October 7, 2024 for various time-sensitive filing and payment deadlines for taxpayers affected by the terrorist attacks...more

Littler

Another Brick in the WALL: New Jersey’s Latest Tool Targeting Businesses for Violating State Wage, Benefit, and Tax Law

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On August 8, 2023, the Office of Strategic Enforcement and Compliance (OSEC) within the New Jersey Department of Labor and Workforce Development (the “NJDOL” or the “Department”) launched The WALL – the Workplace...more

Rivkin Radler LLP

Pre-Consolidation Conversions in the Accounting World – Tax Considerations

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Another Change- Last week BDO confirmed that it was going to convert from an entity organized as a limited liability partnership under state law to one organized as a corporation. With that, BDO became the latest in a...more

Winstead PC

[Virtual Half-Day Seminar] Real Estate Startup - April 18th, 9:00 am - 12:15 pm CST

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On April 18, join Winstead attorneys Trip Dyer, Ben Gehlbach, Daniel Bell-Garcia, Jacob Loehr, Matt Dzura, and Cole Gearhart, along with Whitley Penn Partner Shea Krachek, for our Real Estate Startup half-day virtual seminar....more

Proskauer - Tax Talks

Upcoming changes to the company share options plan regime

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Company share option plans (CSOP) and enterprise management incentives (EMI) are two statutory share option regimes that can be used to incentivise employees in a tax-efficient way. Broadly, where the relevant qualifying...more

Morgan Lewis

US Tax Court Will Weigh In on Self-Employment Tax for Limited Partners

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Private equity, hedge fund, and other investment fund sponsors should be aware that there continue to be significant developments in the Internal Revenue Service's (IRS’s) audit campaign with respect to the potential...more

International Lawyers Network

Establishing A Business Entity In Lithuania (Updated)

1. Types of Business Entities - Investors may choose from the following types of business entities: • Private limited liability company • Public limited liability company • Individual enterprise • Limited...more

McGlinchey Stafford

IRS Proposes New Program for Service Industry Employers to Avoid Paying Tax on Employee Unreported Tips

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The Internal Revenue Service (IRS) is proposing a new voluntary program, referred to as the Service Industry Tip Compliance Agreement (SITCA) program, for employers in service industries to avoid paying the employer’s share...more

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