On January 30th, President Biden announced his intention to end both the COVID-19 national emergency and the COVID-19 public health emergency (together, the “Emergency Declarations”) effective May 11, 2023. The Emergency...more
To help employers properly administer their 401(k) plans, in 2022, Foley & Lardner LLP is authoring a series of monthly “401(k) Compliance Check” newsletters. This article discusses the IRS limits on 401(k) plan contributions...more
The IRS updated its Nonqualified Deferred Compensation Audit Techniques Guide (the “2021 Guide”) in June 2021. The 2021 Guide replaces a similar guide that was published in June 2015.
The 2021 Guide does not shed new...more
401(k) Plan Mergers and Updated IRS Determination Letters -
As part of an M&A transaction, your company may assume a new 401(k) plan that is sponsored by the acquired business. This article includes some common questions...more
The form of a corporate transaction sets the stage for the employee benefits and executive compensation (EBEC) strategy – in the scope of due diligence and purchase agreement negotiations and post-closing activity. The charts...more
4/22/2021
/ 401k ,
Bonuses ,
COBRA ,
Compensation & Benefits ,
Employee Benefits ,
Employer Group Health Plans ,
Executive Compensation ,
Flexible Spending Accounts ,
Golden Parachutes ,
IRS ,
Pre-Employment Agreements ,
Retirement Plan ,
Vacation Pay
Participants in M&A transactions may lose eligibility, possibly retroactively, for the “employee retention credit” under Section 2301 of the CARES Act (Coronavirus Aid, Relief, and Economic Security Act) if a party to the...more
Clients frequently ask if they can provide incentive compensation to their employees and executives in a manner that gives them flexibility and drives performance, but receives coveted capital gains treatment. This usually...more
9/26/2018
/ Alternative Minimum Tax ,
Employee Stock Purchase Plans ,
Executive Compensation ,
FICA Taxes ,
Incentive Compensation ,
Incentive Stock Options ,
IRS ,
Section 409A ,
Statutory Requirements ,
Stock Options ,
Wage and Hour
When Hurricanes Harvey and Irma made landfall in Texas and Florida, they gave rise not only to widespread property damage, but to a humanitarian disaster as well. The massive storms have left scores dead and thousands...more
9/27/2017
/ 401k ,
403(b) Plans ,
457(b) Plans ,
Benefit Plan Sponsors ,
Charitable Donations ,
Employee Retirement Income Security Act (ERISA) ,
FEMA ,
Hardship Distributions ,
Hurricane Harvey ,
Hurricane Irma ,
Hurricane Maria ,
IRS ,
Leave of Absence ,
Legislative Agendas ,
Loans ,
Popular ,
Qualified Disaster Relief Payments
Severance agreements – especially severance agreements for terminating executives – are ripe with potential tax planning challenges and opportunities....more
The Affordable Care Act requires “applicable large employers” (generally, employers with 50 or more full-time employees and full-time employee equivalents) to provide individual statements to their full-time employees and to...more
In 2014, the Internal Revenue Service (IRS) expanded the events that would allow employees to drop their health plan coverage under their employer’s cafeteria plan. As a reminder, the general rule is that once an employee...more
You know it’s Fall when the leaves turn color, jack-o-lanterns wink in the twilight, the World Series plays on … and the IRS announces new indexed annual limits for employee benefit plans. Sticking to tradition, the IRS...more
Earlier this year, the IRS issued final regulations that provide additional guidance on the employer shared responsibility rules (also called the “pay or play” rules) that will generally apply to employers’ group health plans...more
Last week, the IRS issued final regulations that provide additional guidance on the new “pay or play” rules (also called the employer shared responsibility rules) that will generally apply to employers’ group health plans...more