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Withholding Requirements

Proskauer - Employee Benefits & Executive...

FICA Tax: Navigating the Nonqualified Deferred Compensation Special Timing Rule

Compensation is generally subject to federal income tax and FICA tax when compensation is actually paid to an employee. However, nonqualified deferred compensation (NQDC) may be subject to FICA taxation before federal income...more

Morgan Lewis - ML Benefits

IRS Guidance on Uncashed and Reissued Checks: An Opportunity to Review Payment Practices

In a release that was fairly unsurprising in content, the Internal Revenue Service issued Revenue Ruling 2025-15 to address a payor’s tax withholding and reporting obligations with respect to stale and reissued retirement...more

Herbert Smith Freehills Kramer

LP-led Fund Secondaries – What You Need to Know

Fund secondaries transactions have grown enormously over the last 20 years or so. Recently, funds have been under pressure to return capital to investors in the context of a range of market constraints on traditional exit...more

Bricker Graydon LLP

The Uncashed Check Conundrum - What Employers Need to Do

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A terminated employee moves and doesn’t tell you and the check for the small benefit forced out of your retirement plan gets returned. A participant requests a distribution and the check gets delivered, but it is never...more

Husch Blackwell LLP

IRS Issues Guidance on Uncashed Retirement Plan Checks

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The IRS has released Revenue Ruling 2025-15, which clarifies the federal tax withholding and reporting responsibilities of retirement plan administrators when a distribution check is issued but remains uncashed and a...more

Dorsey & Whitney LLP

Certain Canadian Corporations May Unknowingly be Subject to U.S. Federal Backup Withholding and Reporting Requirements With...

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Canadian corporations making dividend payments should ensure that they are compliant with U.S. federal backup withholding and reporting requirements to avoid potential U.S. federal income tax issues....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maine Paid Family and Medical Leave Start Date for Payroll Withholdings and Quarterly Wage Reports Is January 1, 2025

The start date for payroll withholdings and submissions of quarterly wage reports under the Maine Paid Family and Medical Leave (MPFML) Program is January 1, 2025, leaving employers with a sense of urgency as the compliance...more

Holland & Knight LLP

Se anula límites adicionales a distribución proporcional de retenciones en Colombia

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Mediante reciente Sentencia 26085 del 30 de agosto de 2024, el Consejo de Estado de Colombia declaró la anulación parcial de la doctrina de la Dirección de Impuestos y Aduanas Nacionales (DIAN) que concluía que el socio...more

DLA Piper

Withholding Requirements for Transfers of Venture Capital Fund Interests by Non-US Limited Partners

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The secondary market for limited partner interests in venture capital funds has witnessed robust growth in recent years as an increasing number of existing venture fund investors seek an early exit from their positions for...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Municipal Income Tax: Cities permitted to tax wages earned by Ohio employees working outside the municipalities while at home...

The Ohio Supreme Court upheld the right of Ohio municipalities to tax wages earned by employees working outside the municipality from home during the COVID-19 pandemic. Schaad v. Alder Slip Opinion No. 2024-Ohio-525 (Feb. 14,...more

Littler

Court Holds Backup Withholding Required by Law Does Not Violate a Settlement Agreement

Littler on

In Escano v. Innovative Financial Partners, LLC, a magistrate judge held that the defendants’ decision to withhold funds from a payment required under a settlement agreement when the plaintiff refused to provide a Form W-9...more

Holland & Knight LLP

Consejo de Estado de Colombia: sanciones e intereses en déficit de autorretenciones

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El Consejo de Estado de Colombia en Sentencia de 19 de julio de 2023 (radicado 26209) concluyó que cuando se presenten déficit en las autorretenciones mensuales por impuesto sobre la renta frente al total de ingresos...more

Littler

WA Cares Fund Premiums Started July 1, 2023, and Quarterly Reporting Begins October 1, 2023

Littler on

On July 1, 2023, after a long delay, mandatory withholdings for the WA Cares Fund finally took effect. The WA Cares Fund is a state-run, long-term-care insurance program requiring employers to pay premiums through a mandatory...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employee Requests to Work Remotely While Abroad: Considerations for Employers

In the wake of the pandemic and global adoption of teleworking, an increasing number of employees are looking to work remotely abroad. Unfortunately, the law is not as flexible as technology....more

McDermott Will & Schulte

Reminder: New Tax Forms for Retirement Plan Payment Withholding Effective January 1, 2023

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Retirement plan sponsors need to utilize updated Form W-4P (for periodic pension and annuity payments) and new Form W-4R (for nonperiodic payments and eligible rollover distributions) for income tax withholding elections...more

Holland & Knight LLP

Colombia especifica reglas relacionadas con plazo para el pago de declaraciones de retención

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El artículo 580-1 de Estatuto Tributario Nacional de Colombia establece que las declaraciones de retención en la fuente presentadas sin pago total se entienden como no presentadas. Sin embargo, el inciso quinto del artículo...more

Holland & Knight LLP

En Colombia Consejo de Estado precisa tratamiento tributario de dividendos para régimen SIMPLE

Holland & Knight LLP on

Proferida dentro del expediente #26084 en sentencia de 10 de noviembre de 2022, al analizar la legalidad del artículo 3 del Decreto 1457 del 12 de noviembre de 2020, que regula el tratamiento de los dividendos y...more

Laner Muchin, Ltd.

Revised and New Retirement Plan Distribution Withholding Forms

Laner Muchin, Ltd. on

Earlier this year, the IRS issued a revised Form W-4P (Withholding Certificate for Pension or Annuity Payments) and a new Form W-4R (Withholding Certificate for Nonperiodic Payments and Eligible Rollover Distributions), both...more

BakerHostetler

Will states ‘come together’ to resolve remote work tax withholding issues...or will we continue ‘waiting here...on the long and...

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The increased number of employees working remotely has caused a host of problems for employers - and employees - during the throes of the pandemic. Now that remote work is looking more and more like the new normal, it’s more...more

International Lawyers Network

Establishing A Business Entity In Latvia (Updated)

1. Types of Business Entities - Foreign investors may choose from the types of business entities: - Limited liability company - Joint stock company - Individual merchant - General partnership - Limited...more

Dorsey & Whitney LLP

Often Overlooked Exception to Withholding and Reporting Requirements under FATCA

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An often overlooked exception to U.S. withholding taxes may result in a lower overall U.S. tax burden. The Foreign Account Tax Compliance Act (“FATCA”) was enacted in an effort to ensure that U.S. taxpayers could not...more

Pillsbury Winthrop Shaw Pittman LLP

Pandemic Work-From-Home Arrangements Have Tax and Employment Law Consequences

Prolonged work-from-home status for employees who live in a different jurisdiction than their assigned office can generate new tax and employment law compliance obligations for employers. Employers with employees who...more

K&L Gates LLP

IRS Issues Section 1446(f) Final Regulations

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On 7 October 2020, the Treasury Department and the Internal Revenue Service (IRS) released final regulations under Code Section 1446(f) (the Final Regulations), which clarify aspects of the withholding requirements with...more

Foodman CPAs & Advisors

Erroneous FACTA Withholding?

What if a U.S. Withholding Agent  of a Foreign financial Institution (FFI) erroneously applies a 30% Internal Revenue Code (IRC) Chapter 4 FATCA Withholding to a payment to the FFI? What can be done to recover the funds?     ...more

K&L Gates LLP

COVID-19: State Tax Implications of Remote Working Arrangements

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Prior to the coronavirus (COVID-19) pandemic, many state taxing authorities asserted that a business could become subject to their states’ tax obligations by having a single employee working from within the states, even if...more

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