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September 17, 2019
What France’s Digital Services Tax Says about Tech and Taxes
July nearly turned into a tit for tat between the United States and France that involved Google, Facebook, French wine, and a tax on digital services revenue. The two sides resolved the disagreement over France’s Digital Services Tax, but the root of the France-U.S. conversation remains: Should the U.S. change the way digital business activities are taxed?
September 12, 2019
By Karen McLeese
Website address changes for Model DOL-EBSA Forms
To assist employers and plan administrators in compliance with various employee benefit laws, the DOL’s Employee Benefits Security Administration (EBSA) provides model notices and forms. EBSA recently re-designed its website, which resulted in a change to the website addresses of several model DOL-EBSA forms.
District of Columbia’s Employer Reporting Obligation
Part of the individual mandate enacted in the District of Columbia includes a reporting requirement by applicable employers of minimum essential coverage. The District’s Office of Tax and Revenue recently issued guidance to assist these reporting entities in accomplishing their reporting and disclosure obligations.
San Francisco HCSO Expenditure Rates for 2020
Covered employers subject to San Francisco’s Health Care Security Ordinance (HCSO) are required to make health care expenditures to, or on behalf of, their covered employees. These expenditure amounts are adjusted annually, in accordance with the Ordinance.
Reminder: Distribute Medicare Part D Notices by October 15th
The annual Medicare Part D open enrollment period for the 2020 year begins October 15, 2019 and runs through December 7, 2019. The Medicare Part D creditable coverage notices must be provided at least annually, prior to the Medicare Part D open enrollment period. This means that all Medicare Part D notices of creditable or non-creditable coverage must be provided to Medicare-eligible individuals within the 12-month period ending on October 15, 2019.
MSP Reporting Rule expanded to include Prescription Drug Coverage
Entities such as insurers, third party administrators and plan administrators of self-funded, self-administered health plans are subject to an annual reporting requirement to ensure that the Medicare Secondary Payor rules are properly administered. In October, 2018, a law was enacted that expands the reporting obligation to include prescription drug coverage, beginning January 1, 2020.
A Fiduciary Reality Check
ERISA plan administrators and fiduciaries must be diligent in their benefit plan administration, and be fully cognizant that each act taken could constitute a fiduciary act, whether as a named fiduciary or a functional fiduciary, as emphasized in a recent Fourth Circuit Court of Appeals decision.
Do Tax, says the IRS
The IRS issued a Revenue Ruling affirming that a taxpayer cannot delay inclusion of a retirement plan distribution by not cashing the distribution check. The delay in cashing the check notwithstanding, a plan administrators must still accomplish the requisite tax withholding of the plan distribution and provide the Form 1099-R.
DOL Clarifies FMLA Qualifying Event
The Department of Labor released an Opinion Letter relating to whether attendance of specialized meetings to address the educational and special medical needs of an employee’s child with a serious health condition would be a qualifying reason for taking intermittent FMLA leave.
September 12, 2019
The Challenges of Managing a Diverse Workforce
The workforce continues to become more and more diverse. Discover the challenges of managing a diverse workforce and tips to reap the benefits.