Tag: IRS

Gender Reassignment Surgery a Deductible Medical Expense

Expenses incurred for gender reassignment surgery and hormone therapy are now deductible medical expenses under Code Section 213. The IRS announced in Action on Decision (AOD) 2011-03 that it has acquiesced to a 2010 Tax Court ruling that these expenses are deductible. The AOD appeared in the Nov. 21 Internal Revenue Bulletin. The IRS announcement […]

GAO Study: IRS Too Tough in Adoption Tax Credit Enforcement

The IRS has been too vociferous in auditing individuals who have claimed the adoption tax credit, the Government Accountability Office (GAO) suggests in a report. In “Adoption Tax Credit: IRS Can Reduce Audits and Refund Delays,” the GAO reports that the IRS: (1) did not sufficiently train and communicate with its auditors who were examining […]

6 Compliance issues for qualified retirement plans to check on by the end of 2011

With the year’s end fast approaching, employers that sponsor tax-qualified retirement plans should assess whether they may require amendments or administrative changes. To help with that process, Todd A. Solomon, a partner in the Employee Benefits Practice Group of McDermott Will & Emery’s Chicago office, and Brian J. Tiemann, also a member of that office, […]

Could IRS Dialogue With Governmental Plans Lead to More Draconian Retirement Plan Guidance?

The IRS and Treasury Department want to “initiate a dialogue” with the governmental plan community about how to better define when a retirement plan becomes a government plan, but while dialogue is good, will it result in burdensome regulatory requirements? On Nov. 8, the IRS and Treasury Department issued proposed rules on determining governmental plan […]

IRS Ups Deductions for 401(k) and IRA Plans

Starting 2012, savers can sock away $17,000 per year in a 401(k) retirement plan without paying upfront taxes, up from $16,500 in 2010. This increase applies to all 401(k) and 403(b) plans, most 457 plans and the federal government’s Thrift Savings Plan. The last time the IRS raised this elective deferral (contribution) limit was in […]

IRS Increases Tax Breaks for Adoption Assistance, LTC Insurance

Plan administrators and employers that offer adoption assistance and long-term care (LTC) insurance need to adjust their plans for 2012 to account for increased amounts that can be excluded from taxable income. The IRS issued the rates for use in 2012 in Revenue Procedure (Rev. Proc.) 2011-52. Adoption Tax Credit The tax credit under Code […]

IRS Offering Employers Break on Misclassification

Employers worried that they may have misclassified independent contractors may find relief in a new program from the IRS. The Voluntary Classification Settlement Program (VCSP) was announced September 21 and offers employers the opportunity to get into compliance by making a minimal payment covering past payroll tax obligations rather than waiting for an IRS audit. […]

Promises, Promises: IRS Clarifications on Cafeteria Plans, FSAs, HSAs

Benefits administrators can be forgiven if their response to the IRS’ latest plan to issue guidance on cafeteria plans is “Promises, Promises!” Finalizing cafeteria plan regulations is the most far-reaching benefits-related item on the IRS 2011-2012 Priority Guidance Plan. The agency proposed café plan regs in 2007 and has been saying that it will finalize […]

Be Aware: IRS Eyes Join DOL’s on Your Form 5500

If you file the Form 5500, you know what an odious exercise that can be. And you’d better get it right. Not only is the Department of Labor’s Employee Benefits Security Administration (EBSA) examining the form you file — so is the IRS. The DOL wants the forms to be complete and accurate, of course, […]