Employee Compensation and Benefits Tax Guide

ebook

By Dennis Lassila

cover image of Employee Compensation and Benefits Tax Guide

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The field of taxation of employee and executive compensation and benefits is complex, dynamic, and ever-changing. Since 1980, there have been changes to the law affecting fringe benefits, qualified plans, and other types of compensation almost every year. The Pension Protection Act of 2006 (PPA06) (PL No. 109-280) contained the most extensive changes affecting qualified deferred compensation plans since the passage of ERISA in 1974. The American Jobs Creation Act of 2004 (AJCA) (PL No. 108-357) made the most significant change to the taxation of nonqualified deferred compensation plans in over fifty years. The Tax Cuts and Jobs Act of 2017 (PL No 115-97) is widely considered to be the most extensive tax reform law since enactment of the Tax Reform Act of 1986 (PL No 99-514).

The continuing legislative, administrative, and judicial activity in the compensation taxation field has increased the breadth and complexity of the field, as well as the need for awareness of the legal aspects and practical considerations. Likewise, the need for current and comprehensive guidance with respect to compensation tax rules has increased. Accordingly, this new book provides up-to-date coverage of the federal tax laws concerning executive and employee compensation and benefits. The Patient Protection and Affordable Care Act of 2010, The Small Business Jobs Act of 2010, The American Taxpayer Relief Act of 2012, The 2015 Bipartisan Budget Act, the Protecting Americans from Tax Hikes Act of 2015 (PATH), the Tax Cuts and Jobs Act of 2017 (TCJA), and other recent tax laws and pertinent regulations, administrative rulings, and case law through March 2018 are incorporated throughout. This 2018 edition has been updated to reflect important developments since the 2017 publication, including the following:

  • New IRC § 83(i), created by TCJA, which allows certain employees of private companies to defer taxation on the exercise of certain stock options or the settlement of restricted stock units for up to 5 years;

  • New IRC § 402(c)(3)(C), created by TCJA, extending the normal 60-day rollover period relating to plan loan offset amounts to the due date (including extensions) for filing the employee's federal income tax return for the tax year in which the plan loan offset occurs;

  • Relief provided for victims of Hurricanes Harvey, Irma, and Maria for qualified hurricane distributions (QHDs) from retirement plans in The Disaster Tax Relief and Airport and Airway Extension Act of 2017;

  • Relief provided for victims of what are defined as Qualified 2016 Disasters in the TCJA;

  • Changes under the TCJA to the definitions of Covered Employees and Covered Compensation contained in the IRC Sec 162(m) $1 million dollar compensation deduction limitation rules;

  • Reduction in the marginal income tax rates by the TCJA for individuals for the years 2018 through 2025 and the permanent reduction in the C corporation tax rate to 21 percent which affects current compensation and deferred compensation planning;

  • Elimination by the TCJA of the IRC Sec 67 deduction for miscellaneous itemized deductions applicable in 2018 through 2025;

  • Suspension by the TCJA of the qualified bicycle commuting reimbursement exclusion and the qualified moving expense exclusion for the years 2018 through 2025;

  • New Section 45S by the TCJA providing a 125% general business credit for wages paid to an employee during an FMLA Leave applicable in 2017 and 2018;

  • New regulations revising the standard mortality table to be used by most defined benefit plans;

  • Final regulations under IRC 430 that provide a simpler method for developing plan-specific substitute mortality tables than the method...
  • Employee Compensation and Benefits Tax Guide