The IRS issued guidelines on Sept. 9 that outline the conditions under which multiemployer plan sponsors can automatically revoke a funding status freeze requested under the Worker, Retiree, and Employer Recovery Act of 2008.

The act, which offered relief for defined benefit funding affected by last year’s financial markets collapse, allowed the plans to freeze their funding status from Oct. 1, 2008, to Sept. 30, 2009.

For more information, see http://www.irs.gov/pub/irs-il/2008-2009pgp.pdf.

A business coalition, including the U.S. Chamber and SHRM, has lost in its effort to have a court overturn the federal regulation requiring federal contractors to start using the E-Verify Program for federal contracts that are entered into or modified after September 8, 2009. The U.S. District Court for the Southern District of Maryland on August 26, 2009, turned down all arguments raised by the plaintiffs and has opened the door for the rule to be applicable as planned on September 8, 2009. There is no word on whether or not the decision will be appealed. The USCIS Web site has a federal contractor page as well as a series of Q&As on the rule that explains its provisions and application.

Source http://www.irs.gov

If you have not filed a prior year tax return and are due a refund, you should consider filing the return to claim that refund. If you are missing a refund for a previously filed tax return, you should contact the IRS to check the status of your refund and confirm your current address.

Unclaimed Refunds

Some people may have had taxes withheld from their wages but were not required to file a tax return because they had too little income. Others may not have had any tax withheld but would be eligible for the refundable Earned Income Tax Credit.

• To collect this money a return must be filed with the IRS no later than three years from the due date of the return.
• If no return is filed to claim the refund within three years, the money becomes the property of the U.S. Treasury.
• There is no penalty assessed by the IRS for filing a late return qualifying for a refund.
• Current and prior year tax forms and instructions are available on the Forms and Publications web page of IRS.gov or by calling 800-TAX-FORM (800-829-3676).
• Information about the Earned Income Tax Credit and how to claim it is also available on IRS.gov.

Undeliverable Refunds

Were you expecting a refund check but didn’t get it?

• Refund checks are mailed to your last known address. Checks are returned to the IRS if you move without notifying the IRS or the U.S. Postal Service.
• You may be able to update your address with the IRS on the “Where’s My Refund?” feature available on IRS.gov. You will be prompted to provide an updated address if there is an undeliverable check outstanding within the last 12 months.
• You can also ensure the IRS has your correct address by filing Form 8822, Change of Address, which is available on IRS.gov or can be ordered by calling 800-TAX-FORM (800-829-3676).
• If you do not have access to the Internet and think you may be missing a refund, you should first check your records or contact your tax preparer. If your refund information appears correct, call the IRS toll-free assistance line at 800-829-1040 to check the status of your refund and confirm your address.

From IRS
New 2009 withholding tables issued to implement the Making Work Pay tax credit may leave some employees in an underwithheld position by year’s end. Learn how you can help employees prevent this via the IRS’s Withholding Calculator, which has been updated to reflect the impact of the MWP tax credit, and then file a new Form W-4. In particular, the following people may be affected:

• married couples with both spouses earning wages
• individuals working multiple jobs at one time
• anyone who may be claimed as a dependent on another person’s return
• people receiving income from a pension
• individuals receiving economic recovery payments

On February 17, 2009, President Obama signed into law H.R. 1, the American Recovery and Reinvestment Act of 2009 (ARRA). Among many other provisions designed to encourage economic recovery, Title III of ARRA expands the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) Continuation Coverage to provide a federal subsidy toward an eligible worker’s COBRA premium.

• The provisions in ARRA providing this subsidy are effective as of the date of the President’s signing.
• Eligible workers may receive a 65% subsidy toward their COBRA continuation premium for up to 9 months. Previously any individual enrolling in COBRA was responsible for 100% of the cost of the coverage, plus a 2% administrative fee.
• The Treasury Dept. will administer the subsidy, providing employers or health plans, if they administer COBRA benefits, with a credit against payroll taxes for the cost of the subsidy.
• The subsidy terminates the date the individual becomes eligible for any new employer-sponsored health plan or Medicare coverage.
• Individuals involuntarily terminated from employment between September 1, 2008 and December 1, 2009 and who have annual incomes less than $125k (single) or $250k (joint filers) for the taxable year in which the subsidy is received are eligible for the COBRA assistance, along with their families.
• Qualified individuals who initially decline COBRA coverage prior to ARRA will be given an additional 60 days after they receive notice of the special election period to elect to receive the subsidy.
• The special election opportunity is also available to a qualified beneficiary who elected COBRA coverage but who is no longer enrolled on the date of enactment of ARRA, for example, because the beneficiary was unable to continue paying the premium.
• COBRA notices must include information on the availability of the premium assistance and must be provided to all individuals who terminated employment during the applicable time period, not just individuals who were involuntarily terminated.

The Department of Labor has 30 days after the enactment of ARRA to issue model notices for use by employers.

A number of programs were included in the Act, which focus on providing tax relief to both individuals and businesses. Some of the more notable provisions are:

“Making Work Pay” Tax Credit
The Making Work Pay credit, which is available in 2009 and 2010, is worth up to $400 for an individual and $800 for spouses filing jointly. This credit begins to phase out for taxpayers with adjusted gross incomes in excess of $75,000 for individuals and $150,000 for married couples filing jointly. This credit can either be claimed on tax returns or by reducing the amount of taxes that are withheld from paychecks.

“American Opportunity” Education Credit
This credit renames and expands the HOPE education credit. It allows a taxpayer to receive a credit of 100% for the first $2,000 in qualifying tuition and related expenses, and 25% for the second $2,000 of such expenses, for a maximum of $2,500. This credit is subject to a phase-out for individual taxpayers with an adjusted gross income in excess of $80,000 or $160,000 for married couples filing jointly.

Alternative Minimum Tax Patch
The Alternative Minimum Tax exemption is increased to $46,700 for individuals and $70,950 for married couples filing jointly, and allows personal credits against the Alternative Minimum Tax. This patch protects an estimated 26 million taxpayers from becoming subject to the AMT.

Above the Line Deduction for Automobiles
This is a new tax deduction for state and local sales tax paid on the purchase of new cars, from the effective date of the Act, February 17, 2009, through December 31, 2009. This deduction begins to phase out for taxpayers earning $125,000 per year for individuals and $250,000 for joint returns.

Extension of Bonus Depreciation
The bonus depreciation rules, which were set to expire after 2008, are extended for one year. The extended rule allows a 50% bonus depreciation for certain property placed in service by businesses in 2009, allowing businesses to deduct from their taxes 50% of the value of that property in addition to amounts that may otherwise be claimed under depreciation rules, after the item’s value is adjusted to account for the bonus depreciation.

Small Business Capital Gains
The law allows for a 75% exclusion for individuals on the gain from the sale of qualified stock held for more than five years. This applies to stock issued between February 17, 2009 and January 1, 2011. This exclusion is limited to individual investments and not the investments of a corporation.

Five-Year Carryback of Net Operating Losses
Businesses are allowed to “carryback” certain operating losses for up to five years, as opposed to the two year limitation previously allowed. Once a business opts to use the extended period, it becomes irrevocable.

Advanced Energy Investment Credit
A 30% investment tax credit is established for manufacturing advanced energy property, such as facilities that manufacture components for the production of renewable energy, energy conservation and other green technologies.

Non-Business & Residential Energy Property Credit
The tax credit for non-business energy property is increased to 30%. This credit may be claimed against expenses for certain energy-efficient improvements to existing homes, such as new furnaces, energy-efficient windows and doors, or insulation. To qualify, such expenses must occur in 2009.

New Markets Tax Credit
The dollars available for the New Markets Tax Credit increase to $5 billion for 2008 and 2009.

On January 29, 2009 President Obama signed into law the Lilly Ledbetter Fair Pay Act.  This act overrules the U. S. Supreme Court’s decision in the Ledbetter v. Goodyear Tire & Rubber Company, Inc. opening the door for employees file claims at a much later date than originally ruled.

 This act raises many questions for employers that have yet to be addressed or answered.  Let’s first talk about the areas of this law that we do know about.  First, this law is retroactive to May 28, 2007 meaning that employees that have been, or may have been, discriminated against since this date can file a claim.  Congress believed the previous decision unduly restricted the time period an employee had for filing pay discrimination claims.

 Under Ledbetter an unlawful employment practice occurs when:

• The discriminatory pay decision is made
• An individual becomes subject to the discriminatory pay decision, or
• An individual is affected by the discriminatory compensation decision or other practice.

In short, what this means to employers is that each time an employee receives a wages, benefits or other compensation tainted by the discriminatory pay decision the deadline starts over.

Now, let’s talk about the questions that Ledbetter brings up.  What records should a company examine and retain?  How long should they be retained?  Should they do a self audit?

Since this is a new law there are no court cases or rulings on any of these questions.  However, initial analysis by most law firms says you should retain pertinent records indefinitely.  Outside of the IRS regulations on record retention the only real guidance comes out of federal contracting regulations which require that all records be retained for a period of 2 years for companies with over 150 employees and 1 year for companies fewer than 150 employees.  However, there is no evidence that these regulations will be used in governing Ledbetter.

With this in mind companies may consider conducting a self audit of their records.  There are no provisions under Ledbetter where a company avoids penalties due to accidental, unintentional or uncovered violations.  A violation is a violation.

Self audits would involve an examination of written policies relating to pay decisions in starting pay, promotional pay and merit pay increases.  For companies without a formal pay structure this could particularly dangerous under Ledbetter since managers would have wide discretion in setting pay.