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Discounted stock options subject to Section 409A penalties

Hodgson Russ LLP
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USA
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April 30 2013

Ruling in favor of the IRS, the U.S. Court of Federal Claims confirmed in a recent case that discounted stock options are deferred compensation

IRS addresses wage recharacterization in expense reimbursement plans

Hodgson Russ LLP
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USA
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November 29 2012

The IRS recently issued a revenue ruling explaining that expense reimbursement arrangements that recharacterize taxable wages as nontaxable reimbursements do not satisfy the business connection requirement for accountable plans

Hurricane Sandy relief provided

Hodgson Russ LLP
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USA
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November 29 2012

The Internal Revenue Service (IRS) has announced relief to allow for easier loan and hardship distributions for those impacted by Hurricane Sandy for 401(k) plans and other similar employer sponsored retirement plans

Plan not required to restore 401(k) funds fraudulently withdrawn by ex-wife

Hodgson Russ LLP
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USA
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November 29 2012

Confirming for plan sponsors the importance of maintaining and following plan procedures, the U.S. Court of Appeals for the Tenth Circuit upheld a 2010 decision by an Oklahoma district court that a 401(k) plan administrator did not abuse his discretion in deciding that a company 401(k) plan should not reimburse a participant for funds fraudulently withdrawn from his account by the participant’s ex-wife

7th Circuit holds ERISA’s anti-retaliation provision covers informal complaints

Hodgson Russ LLP
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USA
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November 29 2012

ERISA Section 510 makes it unlawful to take retaliatory action “against a person because he has given information or has testified or is about to testify in any inquiry or proceeding relating to” ERISA

2013 benefit limits announced

Hodgson Russ LLP
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USA
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October 30 2012

The Internal Revenue Service and Social Security Administration have announced the cost of living adjusted dollar limits applicable to benefit plans

Final regulations issued on use of corporate aircraft for entertainment

Hodgson Russ LLP
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USA
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October 30 2012

The Internal Revenue Service (IRS) recently finalized rules on the use of business aircraft for entertainment

IRS discontinues plan use of IRS letter forwarding service

Hodgson Russ LLP
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USA
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October 30 2012

The Internal Revenue Service (IRS) has a program under which the IRS will forward a letter to a missing individual on behalf of a private individual or government agency if this action is for a humane purpose and there is no other way to relay the information to the individual

Health care reform guidance on the play-or-pay mandate

Hodgson Russ LLP
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USA
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September 28 2012

Late last month, the federal agencies responsible for the administration and enforcement of the Affordable Care Act issued guidance in the form of Notices 2012-58 (issued by the IRS) and 2012-59 (issued by the Department of Labor, the Department of Health and Human Services, and the Treasury

IRS clarifies treatment of dividends and dividend equivalents paid on restricted stock and restricted stock units under section 162(m)

Hodgson Russ LLP
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USA
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August 29 2012

Internal Revenue Code (IRC) 162(m) generally prohibits a publicly traded corporation from deducting compensation paid to “covered employees” in excess of $1 million per year

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