Payroll Legal Alert

Ignoring the IRS won’t make a tax audit go away, advises a senior policy analyst at the IRS. In fact, the opposite is true—ignoring a notification of a payroll audit means that you give up your chance to tell your side of the story and set the record straight.

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Unless Congress acts soon, the end of this year will see the expiration of an unprecedented number of tax provisions. That could cause havoc with your Payroll operations, as the IRS will be forced to delay issuing the 2013 tax tables and, critically, the 2013 withholding tables.

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Question: We verify employees’ names and Social Security numbers through the telephone number employer verification service (TNEV) and the paper option. Are these methods still available?

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Question: Several employees want to participate in two multi-employer 401(k) plans, but their combined contributions would exceed the Section 415 limitations on overall contributions. Can the employees legally participate in both plans during the same year?

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Question: What should an employer do if a client requires the employer to obtain new I-9 forms from all employees who will be working on the client’s premises?

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Question: If employees don’t have List A, B or C documents and must use replacement receipts to verify their identify and work eligibility, when can the employer create a case file in E-Verify?

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Election Day is just a few months away, and everyone should exercise their franchise. You can help by letting employees take time off from work to vote. In fact, you may not have much choice in the matter. Some states require you to grant leave so employees can vote.

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Now that the Supreme Court has upheld the legality of the Affordable Care Act, your first responsibility under the law is to ensure that for open enrollment periods beginning Sept. 23 employees receive a summary of benefits and coverage (SBC) and a glossary that defines basic health benefit terms.

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It’s no secret that a large contributor to the tax gap—the difference between the taxes that are paid and the taxes that are owed—are independent ­contractors who don’t have taxes withheld from their payments. B Notices, properly called CP 2100/2100A notices, which require payers to backup withhold, are a key tax collection tool.

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Payroll has no margin for error. Get employees’ pay wrong and you’ll hear from them. Get your tax deposits wrong and you’ll hear from the IRS. Get it right and what do you hear? Silence. But don’t think you toil in anonymity.

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