Section 11081 of the Tax Cuts and Jobs Act — the new tax reform law passed by Congress in late 2017 — repeals the so-called “individual mandate” under the Patient Protection and Affordable Care Act (also known as the ACA, or more informally as Obamacare).
For the 2017 tax year, the IRS has made it even more difficult for large employers to avoid penalties under the Patient Protection and Affordable Care Act (ACA), and major questions remain about how employers can avoid penalties due to missing or incorrect Social Security numbers.
Businesses with a large number of union employees can often feel trapped in union-sponsored pension plans. This is because “withdrawal liability” — i.e., the employer’s share of an underfunded multiemployer pension plan’s liabilities — can be huge, easily in the tens of millions of dollars. However, as explained below, there is an exemption that employers in the building and construction industry can rely on to avoid withdrawal liability.
Severance plans are designed to provide income to employees who are terminated, laid off or voluntarily quit. In contrast, a supplemental unemployment benefits (SUB) plan is designed to supplement a former employee’s state unemployment benefits after an involuntary termination.
The U.S. Tax Court ruled on June 26, 2017, that the Boston Bruins of the National Hockey League could deduct the full cost of meals before the team’s 41-plus away games in the regular season and playoffs. The decision provides a clear path for professional sports teams — and potentially other employers in similar situations — to realize additional tax savings.
Thanks to the 21st Century Cures Act, beginning Jan. 1, 2017, some employers can now offer employees a new type of health reimbursement arrangement, called a Qualified Small Employer HRA. Primarily governed by 26 U.S.C. § 9831(d), these HRAs are designed to help subsidize employees’ purchase of health coverage on the exchange, although they can also be used to help pay for other medical expenses.
The following questions and answers explain how these new HRAs work.
UPDATE (Sept. 29, 2016):
On Sept. 23, 2016, the Department of Labor announced that the deadline for submitting comments would be extended by more than two months, to Dec. 5, 2016.
The Department of Labor (DOL) — jointly with the IRS and the Pension Benefit Guaranty Corporation — has proposed major revisions to the Annual Returns/Reports under the Employee Retirement Income Security Act of 1974 (ERISA), more commonly known as Form 5500s. The proposed revisions will require plan sponsors to provide more information, some of which may open the door to litigation risks.
An employee stock ownership plan, or ESOP, is a type of defined contribution retirement plan in which employees’ accounts are invested primarily in stock of the sponsoring employer. In other words, the ESOP literally owns the corporation — whether partly or fully — allowing the employees to benefit from its success.
As employers struggle with the cost of providing health coverage to employees, more businesses are turning to private health insurance exchanges. Inspired by public exchanges under the Affordable Care Act (ACA), in a private exchange, a company’s employees or retirees can compare and select from a variety of health plans. The employer contributes the same amount of money toward the premiums for each participant, leaving the employees to make up any difference.
The Cadillac Tax is one of the least popular parts of the Affordable Care Act. In a nutshell, the law creates a 40 percent tax on the cost of health insurance premiums to the extent they exceed certain threshold amounts — currently $850 a month ($10,200/year) for individual coverage and $2,325 a month ($27,500/year) for all other coverage. Employer contributions to employees’ Health Savings Accounts are also subject to the tax.