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2024 IRS Guidance on Employee Benefits

Employee benefits or employee benefit issues can arise anytime you are providing employees something of value other than direct cash compensation. Engagement is very important. I hear it talked about a lot at 401(k) committee...more

How to Prepare for the IRS’s “New 90-Day Pre-Examination Compliance Pilot” Audit Process [Video]

Carlton Fields tax attorney Lowell Walters provides an overview of the IRS’s “New 90-Day Pre-Examination Compliance Pilot” audit process and explains what you can do to prepare for it. For more information, visit:...more

Alternative Retirement Plan Investments: A Retirement Plan Committee Checklist

Participants do not always prefer the investment choices retirement plans offer. Whether participants want additional ways to diversify their portfolios or have other reasons, participants are asking retirement plan sponsors...more

COVID-19-Related Guidance Allows Employees to Revise 2020 Health Insurance Elections [Video]

Carlton Fields tax attorney Lowell Walters discusses IRS Notice 2020-29, which permits 2020 cafeteria plan election changes, and what it means for group health plan sponsors with employees affected by COVID-19....more

Planning to Claim the COVID-19-Related Tax Credits

This article intends to help your payroll or finance departments prepare to take advantage of the employment tax credits provided by the Families First Coronavirus Response Act (FFCRA), signed into law on March 18, 2020....more

Using Nonqualified Plans to Reduce 401(k)/403(b) Costs

This article focuses on 401(k) and 403(b) plans that are in one of the following situations: 1. The plan failed ADP or ACP testing and must distribute excess amounts to its higher-ranking employees or make additional...more

US Treasury and IRS Targets for Audit

On October 8, 2019, the U.S. Department of Treasury and the IRS released the 2019-2020 “Priority Guidance Plan” for the 12-month period running from July 1, 2019, through June 30, 2020. The plan sets out the agencies’...more

Plan Amendment Deadline Approaching for Plans That Implemented Hardship Changes in 2018 and 2019

Retirement plan sponsors that implemented hardship distribution changes and other disaster relief in 2018 and 2019 probably have to amend their plan documents by the end of this year if they haven’t done so already. We...more

A Primer On Employment Taxes

We noticed an uptick in employment tax issues, so thought a primer on employment taxation basics would be helpful. While this may be of general interest to in-house counsel and human resources professionals, it is probably...more

Don’t Cry Over Spilled Milk! A “Plain English” Guide to Retirement Plan Correction Options

On April 19, 2019, the IRS updated its guidance on the official methods of correction that can be used by tax qualified and 403(b) retirement plans (and, to a lesser extent, 457 plans). ...more

Recent Change To Hardship Distributions Can Increase Employer Liabilities

This alert should interest sponsors of retirement plans subject to IRC sections 401(k), 403(b), or 457(b) that authorize hardship distributions (often called “unforeseeable emergency distributions” in 457(b) plans)....more

Good News For Federal Contractors With Affordable Care Act Concerns

Federal contractors subject to the Service Contract Act might appreciate knowing that the IRS understands that they must generally offer a cash payment to employees who decline coverage....more

A Game Plan for Employers Facing Possible ACA Penalties

All employers are at risk of receiving a notice from the IRS that they are liable for a penalty under the Affordable Care Act for failing to offer enough employees insurance coverage, or for failing to offer particular...more

Executive Orders May Be Asking Too Much of Regulators

On October 12, President Trump signed Executive Order 13813, asking the Department of Labor (DOL) to consider allowing small employers to join together to self-insure or purchase insurance as a large group (creating...more

Retirement Plan and Leave Donation Programs During States of Emergencies

This article should interest employers offering retirement plan benefits or leave donation programs to employees affected by Hurricanes Harvey and Irma, in particular, and in various states of emergencies, in general. It...more

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