News & Analysis as of

W-2 Internal Revenue Service Employer Liability Issues

Davis Wright Tremaine LLP

How SECURE 2.0 Options Impact Form W-2 and Form 1099-R Reporting

IRS reminds employers that implementing certain optional retirement plan provisions of SECURE 2.0 affect Form W‑2 and Form 1099‑R reporting starting in 2023 - The IRS recently issued Fact Sheet 2024‑18 to highlight how...more

Morgan Lewis

Resolving Erroneous Payroll Tax and Information Return Reporting Penalties with the IRS

Morgan Lewis on

Some taxpayers are receiving automatically generated IRS notices of underpayments and penalties with respect to Form W-2 income tax and FICA withholdings, unemployment taxes, and backup withholding, as well as other year-end...more

Jackson Lewis P.C.

A Reminder For Employers About W-2 Phishing Scams

Jackson Lewis P.C. on

For the past several years, thousands of businesses have been hit with phishing scams during tax season. Through these social engineering scams, hackers obtain employee Forms W-2 for filing fraudulent tax returns seeking...more

Morgan Lewis - ML Benefits

IRS Authorizes Employers to Use Truncated Social Security Numbers on Employee W-2s in 2021

In final regulations set to take effect for 2020 Forms W-2, the IRS gives employers the option of using truncated Social Security numbers (SSNs) on employee Forms W-2 issued after December 31, 2020. The new rules are an...more

Fisher Phillips

Don’t Take the Bait! “Spear Phishing” and “Whaling” Take Scams to the Next Level

Fisher Phillips on

For several years now, we’ve been alerting employers about the dangers of phishing scams that attempt to obtain private and personal information from employers... Many of these scams rear their ugly head around tax season,...more

Foley & Lardner LLP

How Do I Report Non-Qualified Plan or Severance Payments to a Former Employee? Hint: You Should Probably Use a W-2, Not a 1099!

Foley & Lardner LLP on

Employers commonly make payments to former employees for a number of reasons. Two of the more routine payments are those from a non-qualified deferred compensation plan (such as payments from a supplemental executive...more

Fisher Phillips

Employers Take Note: Tax Season Phishing Scams on the Rise

Fisher Phillips on

It is tax season once again, and with it comes an increased threat of phishing scams targeting human resources and payroll personnel. In 2016, the IRS alerted employers to a then-emerging email phishing scheme in which...more

Seyfarth Shaw LLP

California Employers Beware: W-2 Phishing Scams Skyrocket During Tax Season

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers have been scammed into sending sensitive W-2 information to malicious third parties. This article outlines the key steps California employers must immediately take if subject to this unfortunate...more

Burr & Forman

Federal Employment Taxes: Employee-Independent Contractor Issues (Part 5)

Burr & Forman on

Section 530 Relief - Employers that have workers which the employer classifies as “independent contractors” (Form 1099) risk having these workers reclassified by the IRS as employees. This is a major audit area for the...more

Burr & Forman

Federal Employment Taxes: Employee-Independent Contractor Issues (Part 3)

Burr & Forman on

IRS Form SS-8 Determinations of Employee Status - Employers that have workers which the employer classifies as “independent contractors” (Form 1099) risk having these workers reclassified by the IRS as “employees.” This...more

Spilman Thomas & Battle, PLLC

Upping the Ante: Fines Increase for Failure to Comply with Affordable Care Act Reporting Requirements

The deadline for employers to comply with the Affordable Care Act (“ACA”) reporting requirements is finally here, with reporting first due in 2016. In keeping with the ACA’s historical pattern of ever-changing regulations and...more

McDermott Will & Emery

Affordable Care Act Reporting Penalties Significantly Increased

McDermott Will & Emery on

On June 29, 2015, President Barack Obama signed the Trade Preferences Extension Act (the Act) into law. In addition to containing several revenue offsets, the Act significantly increased penalties for incorrect information...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more

Butler Snow LLP

Settling a Lawsuit with an Employee or Former Employee? Don’t Forget the Tax Consequences

Butler Snow LLP on

The IRS recently issued guidance that may be of particular interest to anyone with employees or former employees. In a Legal Advice issued by Field Attorneys (LAFA 20133501F), the IRS explained the tax treatment and reporting...more

Littler

IRS Reaffirms Advice on the Proper Employment Tax Treatment of Settlements

Littler on

On August 30, 2013, the IRS reiterated its longstanding positions on the proper tax treatment of litigation settlements with current or former employees. In its Chief Counsel Advice (CCA) Memorandum 20133501F, the IRS...more

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