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MANAGEMENT
MOXIE Nimble News
The IRS planning a busy summer (and next couple of years)
Have you heard that the IRS plans to audit 6000 businesses in the next three years? What are they looking for (besides your money)?
All industries, including non-profits, can be scrutinized with a focus on worker
classification, fringe benefits, reimbursed expenses and officer (owner) compensation.
Unlike traditional audits, these National Research Project (NPR) audits are meant to gather extensive data that can be used for many purposes, including calculation of the so- called tax gap. The IRS claims that approximately $300 billion goes unreported or underreported in the four federal employment tax areas: Social Security, Medicare, Federal Unemployment Insurance (FUTA) and personal income tax.
These audits are a priority for the IRS, which means they will move quickly. Before the IRS arrives here are some measures you can take to minimize your risk:
- Get your house in order: organize documents, key players, and perform an internal audit. If audited, communication with the IRS should be centralized and with an eye toward supportive documents and facts whenever possible;
- Review and understand the independent contractor role, if any, at your organization;
- Maintain a separate file with invoices, contracts, licenses, etc. for each independent contractor;
- Understand the fringe benefits provided to all employees(e.g., discounts, educational assistance, moving expenses, accident and health benefits, lodging, meals, transportation);
- Review
personal and business expenses and which are being reimbursed. Personal expenses
are usually taxable as wages—check with your accounting department.
- Define officer/owner job responsibilities: the CEO may also oversee marketing, accounting, HR, trash removal. In order to ascertain reasonable compensation, the IRS needs to know what the job entails.
Forewarned is forearmed. A little time spent now could save aggravation later.
We are family...
The US Department of Labor clarified the definition of “son and daughter” under the Family Medical Leave Act (FMLA) to include employees who assume the role of caring for a child regardless of the legal or biological relationship. This would extend the leave eligibility to gay workers, grandparents caring for children, or any primary caretaker as long as the trigger events under the FMLA occur: birth, adoption, foster care, and care of family member with serious health condition. The Secretary of Labor asserts that the broadening of the definition reflects the reality of today’s workforce. The regulation has been added but the FMLA itself has not been changed, meaning future presidents could reverse the interpretation.
Smarten up
Information is power. Take advantage of the many free workshops being offered by Foley & Foley PC this fall at www.foleylawpractice.com under the News section. Or contact us for the updated version of our Employers
Guide to Understanding Workplace Law, 2010. We can help.
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