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Physical Presence Test

Husch Blackwell LLP

0.005% of National Revenue from Philadelphia County Held Sufficient to Support Venue

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Philadelphia County has long been a preferred forum for plaintiffs’ bar in Pennsylvania. Until last week, a motion to dismiss for improper venue under Pa. R. Civ. P. 1028(a)(1) was a tool at the disposal of any corporate...more

Cozen O'Connor

There’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy Coverage Requires Policyholder to Physically Reside at...

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A federal court recently held that an insurer may deny coverage under a homeowner’s policy for a “residence premises” when the insured never actually lived at the premises. In Sina Davani v. Travelers Personal Insurance...more

Freeman Law

Taxation in the U.S. Virgin Islands

Freeman Law on

The United States Virgin Islands (“USVI”) is an unincorporated territory of the United States.[1] But that doesn’t mean that they’re subject to exactly the same laws as in the United States—especially when it comes to taxes....more

Freeman Law

International Tax Concepts: Tax Residency Status

Freeman Law on

U.S. Tax Residency Status - As a general matter, all U.S. citizens and U.S. residents are treated as U.S. tax residents. A non-U.S. citizen is generally classified as a nonresident for U.S. tax purposes unless they satisfy...more

Faegre Drinker Biddle & Reath LLP

IRS Extends Temporary Relief from “Physical Presence” Requirement Through December 31, 2022

The IRS recently issued Notice 2022-27, providing a six-month extension of the temporary relief from the physical presence requirement for certain plan elections (including spousal consents) required to be witnessed by a plan...more

Bowditch & Dewey

The Wayfair Decision: How Technology is Changing State Tax Laws

Bowditch & Dewey on

The U.S. Supreme Court decision in South Dakota v. Wayfair, Inc. 138 S. Ct. 2080 (2018) upended how businesses think about state tax compliance. In Wayfair, the Court upheld a South Dakota sales tax law that taxed...more

Porter Hedges LLP

How the Shift to a Permanent Remote Workforce Can Impact Venue for Patent Infringement Lawsuits

Porter Hedges LLP on

The COVID-19 pandemic changed the way employers and employees viewed remote work. What was once a rare perk enjoyed by few became an everyday necessity almost overnight. In 2020, most people engaged in some type of work from...more

Knobbe Martens

Federal Circuit Review - August 2021

Knobbe Martens on

It’s No Secret That a Related Company’s Physical Presence in a Jurisdiction May Not Be Enough For Proper Venue - In Andra Group, LP v. Victoria’s Secret Stores, LLC, Appeal No. 20-2009, The Federal Circuit held that an...more

Laner Muchin, Ltd.

IRS Extends Physical Presence Requirement Relief to Retirement Plans

Laner Muchin, Ltd. on

As we previously reported in 2020, the IRS granted temporary relief from the physical presence requirement under regulations governing participant elections and spousal consents for certain retirement plans. Generally, those...more

Tucker Arensberg, P.C.

IRS Extends Relief for Participant Signatures

Tucker Arensberg, P.C. on

Certain elections made by participants and spouses under retirement plans must be signed “in the physical presence of a plan representative or a notary public.”  The IRS provided relief from this physical presence requirement...more

Stinson LLP

Sales and Use Taxes: Kansas and Missouri Move to Impose Collection Obligations on Marketplace Facilitators

Stinson LLP on

Recent legislation has brought Kansas and Missouri up-to-date with the nation by instituting new tax collection requirements for out-of-state retailers lacking a physical presence in their state....more

Morgan Lewis - ML Benefits

IRS Again Extends Temporary Relief from ‘Physical Presence’ Requirement for Certain Retirement Plan Elections

The IRS issued Notice 2021-40 (the Notice) on June 24 that provides a 12-month extension (until June 30, 2022) of the temporary relief from the requirement that certain retirement plan elections be witnessed – in person – by...more

Smith Gambrell Russell

12-Month Extension of Temporary Relief from the Physical Presence Requirement

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The IRS announced today, June 24, 2021, in Notice 2021-40, that it was extending, through June 30, 2022, the temporary relief from the physical presence requirement that is usually necessary for participant elections to be...more

Proskauer - Employee Benefits & Executive...

Temporary Relief for Witnessing Spousal Consent Extended for Another Year

Just when we were about to draft our blog reminding plans of the expiration of the temporary relief. . . The IRS has now issued Notice 2021-40 extending for another year the temporary relief from the requirement that spousal...more

Snell & Wilmer

Can’t Touch This: IRS Extends Physical Presence Relief for Remote Notarization

Snell & Wilmer on

On December 23, 2020, the IRS issued Notice 2021-03, which extends relief from the “physical presence” requirement applicable to signatures that must be witnessed by a plan representative or notary public. By way of...more

BakerHostetler

State Tax in Transactions - Expanding Nexus Footprint (Part II)

BakerHostetler on

M&A transactions can have big implications for your company's nexus footprint. In part two of the series on M&A transactions, Matt Hunsaker breaks down nexus issues that should be on your radar if your company is engaging in...more

Ballard Spahr LLP

DHS Extends Form I-9 Compliance Flexibility Rule for an Additional 60 Days

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On Monday, September 14, 2020, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) announced another extension of the flexibility rule issued earlier this year relating to the completion...more

DirectEmployers Association

OFCCP Week In Review: August 2020 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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

Minneapolis’s Sick and Safe Time Ordinance Applies to All Employees Who Work in City, State Supreme Court Rules

The City of Minneapolis’s Sick and Safe Time Ordinance requiring employers with employees who perform at least 80 hours of work in a year in the city with paid time off for illness or other personal matters does not conflict...more

Laner Muchin, Ltd.

IRS Provides Temporary Relief to In-Person Consent Requirements for Retirement Plans

Laner Muchin, Ltd. on

In IRS Notice 2020-42, and in light of current social distancing rules, the IRS recently granted temporary relief from the physical presence requirement under regulations governing participant elections. Generally, those...more

DirectEmployers Association

OFCCP Week In Review: June 2020 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Mintz - Immigration Viewpoints

Form I-9 Requirements Flexibility Extended for Another 30 Days to July 19, 2020

On Tuesday, June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) announced they would again extend flexibility related to in-person Form I-9 compliance that was granted...more

Kelley Drye & Warren LLP

IRS Issues Temporary Relief from Physical Presence Requirement for Spousal Consents Under Retirement Plans

On June 3, the Internal Revenue Service (“IRS”) issued Notice 2020-24 providing temporary relief from the physical presence requirement for participant elections that are required to be witnessed by a plan representative or a...more

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

Remote Witness Protection: Retirement Plan Consents in the Age of Social Distancing, Part II

The novel coronavirus pandemic has presented novel questions for pension plan administration. One such question has concerned how to balance the spousal consent requirements of participants’ pension elections with the need to...more

Ballard Spahr LLP

IRS Allows Remote Spousal Consent for Retirement Plans

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The IRS released Notice 2020-42, which provides temporary relief during calendar year 2020 from the physical presence requirements for participant elections in retirement plans....more

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