William Byrnes' Tax, Wealth, and Risk Intelligence

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Prof. William H. Byrnes

Robert Bloink, J.D., LL.M.

The big news this week: A couple of COVID-related updates from the IRS. First, we have some guidance on the refundable FFCRA employment tax credits. We also some additional leeway is given on mid-year changes to 401(k), which again may be important if employers have seen the contribution patterns for their plans shift dramatically and are now concerned about being about pass nondiscrimination testing for the year. Both of these are fairly technical issues but may be important issues for employers as we approach the end of the year.

Employers Beware: IRS Guidance on Recapture of Excess FFCRA Employment Tax Credits

The IRS released rules providing for the recapture of refundable employment tax credits under CARES and FFCRA. Form 7200 now allows employees to claim advance payments of any amounts remaining. However, the IRS guidance makes clear that employers are required to reconcile any advance payments claimed on Form 7200 with total credits claimed and total taxes due on their employment tax returns. For more information on the credits, visit Tax Facts Online. Read More

Understanding IRS Relief for Safe-Harbor 401(k) Plans

In Notice 2020-52, the IRS provided relief allowing certain safe harbor plans to institute mid-year amendments to reduce or suspend safe harbor contributions. Safe harbor plans generally require employer matching contributions in exchange for exemption from the onerous 401(k) nondiscrimination testing rules. Even when employers are permitted to make changes mid-year, they must provide notice at least 30 days in advance. Under the IRS relief, the IRS clarified that contributions for highly-compensated employees are not safe harbor contributions–so they can always be reduced or suspended. The Notice also allows plan amendments reducing or suspending safe harbor contributions to non-highly compensated employees so long as they are made by August 31, 2020. To learn more about safe harbor plans, visit Tax Facts Online. Read More

Appeals Court Blesses Trump-Era Short-Term Health Insurance Plans

The D.C. Circuit Court of Appeals upheld the joint rule released by the DOL, Treasury and HHS that relaxed restrictions on short-term limited-duration insurance (STLDI) health plans. These plans are not required to satisfy the ACA requirements, including those that govern minimum essential health coverage. For more information on STLDI, visit Tax Facts Online. Read More

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