May 24, 2011

Maximum HSA Contributions to Rise Slightly for 2012

Filed under: Benefits,Insurance — Tags: , , , — Joyce @ 10:34 am

The Internal Revenue Service (IRS) has released the maximum Health Savings Account (HSA) contribution amounts for 2012.  Under IRS Revenue Procedure 2011-32, the maximum contribution will increase as follows:

                                                           2011                             2012

  •  Single Coverage               $3,050                       $3,100
  • Family Coverage               $6,150                        $6,250

 Maximum out-of-pocket expense, including deductibles will also increase for 2012 as indicated blow:

                                                          2011                             2012

  •  Single Coverage                $5,950                   $6,050
  •  Family Coverage               $11,900               $12,100

 HSA’s must be linked with a high-deductible health insurance plan.  According to America’s Health Insurance Plans, about 10 million people were enrolled in this type of insurance plan, which was a 25% increase of 2009.  Enrollment figures for 2011 are expected to be released soon.

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May 11, 2011

Weekly Wednesday Acronym – EPCU

Filed under: Compliance,Retirement — Tags: , — Joyce @ 2:52 pm

This week’s acronym is most likely one that not many of us are familiar with, but a very important acronym for us to be aware of.  Read on, and you will learn why.

The Employee Plans Compliance Unit (EPCU), a dvision of the IRS, develops compliance projects and performs data analysis to focus on areas of potential non-compliance. Taxpayers are contacted by correspondence, telephone and/or other media (not e-mail) and most issues are resolved without an on-site examination of the books and records of the plan.

As part of a larger IRS compliance initiative, the current featured project of the EPCU are 403(b) plans that colleges and universities sponsor.  If you are a plan fiduciary, take note.  According to a press release issued by the IRS, over 300 large, small, public, and private higher education institutions will receive a 21-item questionnaire from the IRS. 

Make sure to respond!!  Failing to respond will almost guarantee a follow-up by the IRS and result in a formal IRS audit.  As the IRS warns “failure to provide the information could result in further action or examination of your plan.”  What appears to be a major focal point of the plan inquiry is whether the plan offers all employees an “effective” opportunity to participate…the “universal availibility” requirement. 

If we are to learn anything from other recent audits, such as the most recent 401(k) plan audit initiative, it is to respond timely to hopefully eliminate the need for further action or examination of your plan.

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December 17, 2010

HR Fact Friday: Holiday Gift Cards = Taxable Income

Filed under: Benefits,Salaries & Pay — Tags: , , , — Paul @ 6:00 am

Giving employees gift cards this holiday season is a nice idea. Just be sure you’re not falling into this tax pitfall. Tax attorneys are finding that some employers still aren’t reporting the value of gift cards issued to workers as taxable income.

The Internal Revenue Service (IRS) is taking a hard-line stance: The value of every gift card and gift certificate given out to employees needs to be reported as taxable income — no matter the amount. Employees have to declare any and all money, gift certificates or gift cards — anything that can be converted into cash — with their other income.

According to the IRS:

  • Cash or cash equivalent items provided by the employer are never excludable from income.
  • Gift certificates that are redeemable for general merchandise or have a cash equivalent value are not de minimis benefits and are taxable.

So that means even failing to include a gift card valued at just $25 in an employee’s wages runs afoul of tax law. Granted, such discrepancies aren’t bound to spark many audits, but the threat is there. And if an employee is audited, you can bet he or she will come knocking on your door.

Popular alternatives

One way to avoid blowback from employees upset at having the value of their gift cards reduced due to taxes: Add the amount they’d have to pay in taxes to the value of their gift cards. So if you were planning to hand out $100 gift cards — and each employee would have to pay around $25 in taxes on the value of the cards — increase the value of the cards to $125.

Some other ideas:

  • Give out certificates for items of minimal value.
  • Provide occasional tickets to sporting events. The value of them can be excluded from taxable income.
  • Give out food items (like a holiday ham or turkey), snacks, flowers or books.

As long as a gift is given out infrequently and is “administratively impractical to account for” (and isn’t a gift card/certificate that has a cash-equivalent value), the IRS will consider it de minimis.

Info: For the IRS’ rules on de minimis fringe benefits, click here.

Source: HR Morning.com

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October 1, 2010

HR Fact Friday: New Legislation Aims to Tighten Employee Misclassification

Filed under: Employment Law — Tags: , , — Paul @ 6:00 am

New federal legislation aimed at getting tough on independent contractor misclassification was introduced September 15, 2010 in Congress.

The Fair Playing Field Act of 2010 was introduced by Sen. John Kerry, D-Massachusetts, and Rep. Jim McDermott, D-Washington.

It aims to:

  • End the moratorium on Internal Revenue Service guidance addressing worker classification.
  • Requires the Secretary of the Treasury to issue prospective guidance clarifying the employment status of workers for federal employment tax purposes.
  • Requires those who use independent contractors to provide them with a written statement on their federal tax obligations, the labor and employment law protections that do not apply to them and their right to seek a determination from the IRS on their status.
  • Raises penalties for misclassification.

“The legislation is timely, as misclassification is an increasing problem, one that puts employers who properly classify their workers at a disadvantage in the marketplace and costs the government billions of dollars in unpaid taxes,” Vice President Joe Biden said in a written statement.

A similar piece of legislation, the Employee Misclassification Prevention Act, was introduced in June. 

Source: Staffing Industry Analysts

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February 10, 2010

IRS More Aggressive Regarding Employment Taxes

Filed under: Employment Law — Tags: — Jane @ 1:28 pm

State and federal tax agencies around the country are aggressively seeking more revenue to deal with burgeoning budget deficits.

The IRS is planning to institute its first Employment Tax initiative since 1984.  It intends to audit 6000 companies looking for:

  1. Misclassification of employees as independent contractors,
  2. Problems with reporting tips,
  3. Issues regarding underreporting of compensation of officers and owners in S corporations and
  4. Problems with reporting fringe benefits such as car allowances, club memberships, payment for equipment and tools, and personal use of company owned vacation property.

All employers should closely review their pay and benefits practices.  The trend of government looking for more and more tax revenue will likely escalate.

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