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Employee Benefits Blog - E-Blog

Employee Benefits Blog

The Employee Benefits & Executive Compensation attorneys at Chamberlain Hrdlicka represent public companies, large and closely-held private companies, tax-exempt organizations, and the fiduciaries who oversee those entities' employee benefit plans.  We understand incentives in the workplace, and we stand ready with an integrated approach to help you deal with them.

From qualified retirement plans, to executive compensation, to fiduciary advice, to health and welfare programs, to mergers and acquisitions, to ERISA litigation, our broad experience helps companies answer questions in these areas of the law.  A background in tax, securities, and fiduciary matters is our foundation.  A common theme runs through our work in these areas: we specialize in representing employers in protecting their interests and maximizing tax advantages. We understand the work that goes into creating and maintaining incentives in the workplace, and we have the technical skills to help keep a company's employee benefit plans operating at peak efficiency.

At Chamberlain Hrdlicka, we stand with company Boards of Directors, Compensation Committees, and the HR teams that serve those directors and committees, as they seek to provide a stable, productive environment for company executives and workers.

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What is the IRS Audit Focus for Employee Benefit Plans 2021?

Catherine Jones, Employee Plans Director with the Internal Revenue Service’s Tax-Exempt and Government Entities Division, laid out the IRS’s thinking regarding top compliance issues for employee benefit plans, during a November 10 webinar hosted by the American Institute of CPAs. 

Not surprisingly, with the CARES Act changing the qualified plans landscape, loans and required minimum distributions are a high priority, as these areas are creating a lot of operational errors in qualified plans. Further compliance areas include: Employee Stock Ownership Plans (ESOPs); Internal Revenue Code (IRC) § 404 deduction limits, IRC § 403(b) plans and IRC § 457 plans.

All plan sponsors should take a proactive approach to employee benefit plans’ compliance and identify areas of weakness in their benefit plans. This type of self-auditing and constant vigilance of ERISA, IRC and related laws will help prevent problems before they are discovered by employees or worse the IRS, the Department of Labor, the Department of Health and Human Services, Equal Employment Opportunity Commission, etc. 

At Chamberlain Hrdlicka, we have self-audit tools for all types of plans (welfare, qualified, nonqualified, etc.), based on years of handling government audits of such plans.  Our Employee Benefits attorneys can help you document what a great plan sponsor you are and have you completely prepared for any government examination of your benefit plans.

  • Joshua A. Sutin

    Joshua Sutin helps clients unravel complex legal and business issues related to employee benefit plans, tax-exempt organizations, and business tax planning. He counsels both businesses and not-for-profit organizations on the ...