News & Analysis as of

Payroll Taxes

Payroll taxes are taxes that are often calculated and remitted based on a percentage of an employee's wages, but they can also include fixed charges. Payroll taxes consist of two types of taxes: 1) taxes that... more +
Payroll taxes are taxes that are often calculated and remitted based on a percentage of an employee's wages, but they can also include fixed charges. Payroll taxes consist of two types of taxes: 1) taxes that are withheld by an employer from an employee's wages and 2) taxes paid by an employer based on the amount of an employee's wages. These taxes may be advanced income tax payments on behalf of an employee. They are also employer and employee payments to a variety of government programs, such as social security, and unemployment/disability insurance. less -

IRS and States Crack Down on POS Systems: Zapper Software

by Bowditch & Dewey on

A good point of sale (“POS”) system is critical for any business engaged in sales to the public and having one in place goes a long way to ensuring that revenue and profits are being reported properly to federal, state and...more

IRS Encourages Self-Assessment to Identify Fringe Benefit Errors

by Ruder Ware on

As much as I love tax law, filling out another tax form isn’t high on my list of fun things to do. So when the IRS issues a form that isn’t legally required to complete, should you? If you are an employer that provides one or...more

The FICA Tax Exemption For Non-Resident Aliens In The U.S. Under F, J, M, Or Q Visas

by Jackson Lewis P.C. on

A common issue for employers of non-resident aliens authorized to work in the U.S. is whether (and when) such individuals are exempt from FICA taxation. Under the Internal Revenue Code, a nonresident alien (“NRA”) in the...more

Unexpected Risks of Early Exercise Incentive Stock Options

by Dorsey & Whitney LLP on

Canadian companies and their outside counsel occasionally ask about the ability to grant early exercise incentive stock options (“ISOs”) to limit the impact of the U.S. alternative minimum tax (“AMT”) to their U.S. employees....more

UK: The Biggest Shake Up of Employment Law in a Generation?

by Littler on

On July 11, 2017, the UK government published the Review of Modern Working Practices. The report was issued by Matthew Taylor, chief executive of the Royal Society of Arts and a former policy chief to Tony Blair. Current...more

Cannabis Industry FAQ

by Pepper Hamilton LLP on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

New Oregon Withholding Tax on Periodic Payments

by Stoel Rives LLP on

As part of its major transportation bill (HB 2017), the Oregon legislature last week adopted a new statewide payroll tax that also applies to “periodic payments,” starting July 1, 2018. The new tax will fund public transit...more

New Oregon Payroll Withholding Tax

by Stoel Rives LLP on

As part of its major transportation bill (HB 2017), the Oregon legislature last week adopted a new statewide payroll tax, starting July 1, 2018, to fund public transit projects throughout the state. Every employer will be...more

Who Says There Is No Such Thing as a Free Lunch? -- the US Tax Court in Jacobs v. Commissioner Ruled That There May Be Such a...

by Garvey Schubert Barer on

Judge Ruwe ruled in Jeremy M. Jacobs and Margaret J. Jacobs v. Commissioner, 148 T.C. 24 (June 26, 2017), that a free lunch may exist today under Federal tax law. In this case, the taxpayers, owners of the Boston Bruins of...more

State Income Taxation of Mobile Workers

by Epstein Becker & Green on

With the rise of teleworking and business travel across state lines, it is important for employers to renew their focus on state and local income and payroll tax compliance obligations. The laws vary from state to state....more

French Employment Law Reforms Awaited Under Macron’s Presidency

by Seyfarth Shaw LLP on

Seyfarth Synopsis: French Employers should brace themselves for changes in the employment and labour law arena. However at this stage nothing is set in stone, and any reforms may be slow in coming. As France does not have...more

Brazil eSocial Trial Period Begins on June 26, 2017

by Littler on

After months of uncertainty, on June 23, 2017, the eSocial Steering Committee in Brazil finally issued a new resolution launching a restricted platform for companies to begin testing the program. The program will be available...more

The Gig Economy, Independent Contractors, and New York Law

by Mintz Levin - Mintz Edge on

The gig economy (on-demand work) is a disruptive factor in many industries, including the housing market (Airbnb, Homeaway), transportation services (Uber, Lyft, Juno, Via), delivery services (Postmates, Caviar, Instacart),...more

Timing is Everything: IRS Raises the Stakes for Employers Who Delay FICA Taxation of Deferred Compensation

by Ward and Smith, P.A. on

Employers, both for-profit and tax-exempt organizations, often overlook the complex FICA tax rules applicable to deferred compensation. Unfortunately, this oversight now can be a real problem for the employer. When an...more

Littler Global Guide - The Netherlands - Q1 2017

by Littler on

House for Whistleblowers Act - Enacted Legislation - The House for Whistleblowers Act that has become effective as of July 1, 2016, introduces legal protection for whistleblowers and provides for the formation...more

IRS Provides Guidance to Employers Using Payroll Service Providers

by Nexsen Pruet, PLLC on

These days, the majority of mid-to-large employers use payroll service providers for ease of payroll recordkeeping and administration. These third party providers help ease the burden of calculating taxes and withholding,...more

Macron: The Winding Road to Labour Reforms

by Seyfarth Shaw LLP on

On 14 May 2017, French President-elect Emmanuel Macron with a strong 66% majority officially started his five year mandate. His first duty was to appoint a Prime Minister, Edouard Philippe, a Conservative, who will now form a...more

With Tax Day Nearly Behind Us, Justice Department Pivots to Warnings About Employment Tax Violations

by Fox Rothschild LLP on

Following a relentless flurry of press releases announcing criminal charges against tax evaders in the run up to today’s tax filing deadline, the Justice Department wasted no time in turning its attention to its next target:...more

FICA Taxes and Administrative Traps for Employers

by Sullivan & Worcester on

The nuances of the Social Security and Medicare tax system – collectively FICA taxes – continue to confound and increase the potential liability of employers who are not well versed in this area....more

D.C. Universal Paid Family Leave Law Now In Effect

On April 7, 2017, the D.C. Universal Paid Leave Amendment Act of 2016 (the “Act”) (L21-0264) took effect as Congress’s 30 legislative day clock to overturn the Act via a joint resolution expired. As we have previously...more

New Rules for Tipped Employees in Brazil and How They Affect the Hospitality Industry

by Littler on

On March 13, 2017, Brazil's President Michel Temer signed into law new regulations concerning the payment, distribution, tax withholdings, and reporting of tips, whether voluntarily given by customers or charged by employers...more

D.C. Universal Paid Family Leave Bill Submitted To Congress, But Changes Are Still Possible

The D.C. Universal Paid Leave Amendment Act of 2016 (the “Act”) has been submitted to Congress for a 30-legislative-day period of review. Presuming that the Act does not get overturned by Congress and the President, it is...more

House Discusses How to Tax Small Businesses

by McNair Law Firm, P.A. on

A proposal presently being discussed before the House Ways and Means Committee (where tax laws begin) addresses how small business income will be taxed. President Trump and the Republican-controlled Congress both desire...more

D.C. One Step Closer To Providing Employees Up To 8 Weeks Of Paid Leave

As we previously reported, in December 2016 the D.C. Council passed the Universal Paid Leave Amendment Act of 2016 (the “Act”). If it becomes law, the Act will provide all full and part time private sector workers in D.C....more

The Basics of Unemployment Taxes

by Nexsen Pruet, PLLC on

Nearly all private employers in the Carolinas are required to pay quarterly unemployment insurance (“UI”) taxes to the relevant state unemployment agency on behalf of their employees. Like other insurance and tax...more

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