In an earlier blog article we gave you a list of documents you should secure from the worker to demonstrate that he or she is an independent contractor. Unfortunately, sometimes the worker does not keep good records, is no longer working with you, or has changed his or her mind and now wants to be [...]
The Minnesota Department of Revenue recently launched a limited pilot program to allow businesses to convert workers from independent contractors to employees with reduced consequences for Minnesota withholding tax. This program is known as the Worker Classification Voluntary Compliance Initiative and is currently available only through December 16, 2011. The Department’s pilot program will closely [...]
Many companies are struggling with the problem of determining how to properly classify their workers. Are they employees or independent contractors? As explained in earlier articles, the IRS has been motivated for a variety of reasons to reclassify independent contractors as employees. Businesses have been reluctant o reclassify their workers because of the significant costs [...]
This is the tenth in a series of articles on issues surrounding the Taxation of Settlements and Verdicts. The chart below summarizes the reporting obligations of the payor. Damage Award Payments to Current or Former Employee Payments Not Segregated from Wage Award to Employee Payments to Non-Employee * IRS Section 104 None None None Back [...]
This is the ninth in a series of articles on issues surrounding the Taxation of Settlements and Verdicts. The chart below summarizes the withholding and payment obligations of the defendant/ payor. Employee * Non Employee ** Damage Award Payments Combined with Wages but Segregated Payments Combined with Wages But Not Segregated Section […]
[...]This is the eighth in a series of articles on issues surrounding the Taxation of Settlements and Verdicts. The chart below summarizes the taxable nature of a variety of settlements and verdicts. Damage Award Taxable? Exceptions Relevant Case Law / Statute Physical Injury / Illness No Taxable if not recovered for a tort or tort [...]
This is the seventh in a series of articles on issues surrounding the Taxation of Settlements and Verdicts. This article addresses the question of whether the fact that attorney fees are provided for by a statute has any affect on including these fees in plaintiff’s gross income. United States Supreme Court. The Supreme Court in [...]
This is the sixth in a series of articles on issues surrounding the Taxation of Settlements and Verdicts. This article explains when and how the cost of attorneys fees may be deducted “below the line.” For cases not covered by IRC Section 62(a)(20) the United States Supreme Court determined, in Commissioner v. Banks, 125 S.Ct. [...]
This is the fifth in a series of articles on issues surrounding the Taxation of Settlements and Verdicts. This article presents situations when the the expense of attorneys fees may be deducted “above the line.” Deducting Attorney Fees “Above the Line.” The American Jobs Creation Act of 2004, Section 703, amended Internal Revenue Code, Section [...]
This is the fourth in a series of articles on issues surrounding the Taxation of Settlements and Verdicts. This article explains why an award of attorneys fees is included in a taxpayer’s gross income. Gross Income and Anticipatory Assignment. The Internal Revenue Code defines “gross income” broadly to include all economic gains not otherwise exempted. [...]