Tax Law Defined® Blog

Changes in Hardship Withdrawal Rules for 401(k) and 403(b) Plans – What Plan Sponsors Need to Know

Changes in Hardship Withdrawal Rules for 401(k) and 403(b) Plans – What Plan Sponsors Need to KnowEmployers who sponsor a 401(k) plan or a 403(b) plan that offers hardship withdrawals have some decisions to make. Read More ›

SURPRISE! You may be liable for union pension plan withdrawal liability

SURPRISE! You may be liable for union pension plan withdrawal liability

When a participating employer stops contributing to, or no longer has an obligation under a collective bargaining agreement (CBA) to contribute to, an underfunded multiemployer (union) pension plan, the employer may be liable for “withdrawal liability” even though it always paid its required annual contributions to the pension plan. Read More ›

Employer Health Plan Litigation over Residential Treatment and Wilderness Therapy

Employer Health Plan Litigation over Residential Treatment and Wilderness Therapy

If you keep tabs on employer group health plan litigation, you have perhaps noticed a substantial increase in lawsuits over plans denying coverage for various types of out-of-network residential treatment and "wilderness therapy" benefits during the last 18 months. Read More ›

Revisiting the Choice of Entity Decision for Closely Held Businesses

Revisiting the Choice of Entity Decision for Closely Held Businesses

Shifting the focus from understanding the Tax Cuts and Jobs Act to considering whether what has changed significantly alters the choice of entity landscape. Read More ›

IRS Final Rules Make Plan Forfeitures More Useful

IRS Final Rules Make Plan Forfeitures More Useful

The IRS finalized the proposed rules in mid-July. If you have not already done so, now is a good time to consider amending your plan to allow the use of forfeitures for funding safe harbor contributions, QNECs, and QMACs. Read More ›

SEC Liberalizes Rules for Private Company Equity Compensation

SEC Liberalizes Rules for Private Company Equity Compensation

Equity compensation (including options to purchase stock or LLC units, restricted stock or units, and sales of equity to employees) is frequently used by publicly traded and privately held businesses to recruit and retain employees, directors, and other service providers. Businesses using these compensation techniques or equity-based nonqualified compensation deferral programs need to be concerned about compliance with federal and state securities laws for these programs. Read More ›

A Roadmap for Obtaining (and not Losing) the Benefits of Section 1202 Stock

Planning Ideas for Avoiding IRC § 1061's Three-Year Holding Period Requirement

IRC § 1202 has been around for years, but has not received a lot of attention. This inattention has resulted in large part from IRC § 1202's complicated qualification rules, not to mention the planning uncertainties associated with a required five-year holding period. Read More ›

Should Your Estate Plan Be Revised After Tax Reform?

Should Your Estate Plan Be Revised After Tax Reform?

Tax reform in 2017 increased the exemption against the federal estate tax from about $5,600,000 to about $11,200,000 for each individual ($22,400,000 in the case of a married couple) from now through 2025. This means that there are far fewer families with wealth subject to estate taxation. Read More ›

Equity Rollovers in M&A Transactions: Tax and Business Planning Fundamentals

Equity Rollovers in M&A Transactions: Tax and Business Planning Fundamentals

During the past decade, private equity investors and other financial buyers (referred to generally in this article as financial buyers) have dramatically increased their activity in the M&A marketplace. These financial buyers generally acquire portfolio companies with the intention of holding them for around five years and then selling them for a substantial profit. Read More ›

Is Kentucky’s Tax Reform Dead On Arrival?

Is Kentucky’s Tax Reform Dead On Arrival?

This article, authored by Frost Brown Todd's Mark Sommer, was originally published in Law360, and discusses Kentucky's recent tax reform. Read More ›

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Attorney Spotlight

J. Christopher Coffman is a member of FBT focused on civil and criminal tax controversies. He has experience representing clients subject to IRS audits and federal criminal investigations before local and state taxing authorities and the U.S. Tax Court.

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