Tag Archives: IRS

by | March 18, 2015 · 11:22 am

Hospitality Industry Management Update: “How Tax Extensions and Regulations Will Impact Hotels”

IRS regulations generally affect all taxpayers that acquire, produce,DollarGuy-620x330 or improve tangible property but especially impact lodging facilities, as these require continual upgrades, remodeling, and refreshes. Hospitality finance executives should be alert to the numerous elections required with 2014 tax returns.

There’s no easy way to say it—the lodging industry will likely face tax challenges in the next 12 months. The past year was fraught with congressional bickering, partisanship, gridlock, and, consequently, no passage of any major tax legislation. There was plenty of drama too, including the troubled rollout of the Affordable Care Act, congressional hearings over lost and retrieved IRS emails, and so-called corporate inversions, with U.S. companies acquiring foreign corporations, swapping headquarters, and reducing their U.S. tax load. This was all capped off by a shift in control of the U.S. Senate after the midterm elections.

Through it all, Congress and the Obama Administration have talked about various fixes to the tax code, but reform has largely remained at the bottom of the to-do list. Now, the new head of the Senate Committee on Finance and the newly minted chairman of the House Committee of Ways & Means, say that tax reform is a top priority.

And at the insistence of the National Taxpayer Advocate, the IRS has recently adopted an official Taxpayer Bill of Rights. It’s not the Magna Carta but certainly a step in the right direction. As 2015 begins, the most important impact of 2014 will be the new rules that will affect tax compliance and tax return requirements, which either stem from the Tax Increase Prevention Act of 2014 (TIPA) or will be triggered by earlier legislation, rulings, and treasury regulations.

For more: http://bit.ly/1xyqPtC

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by | October 13, 2013 · 6:27 am

Hospitality Industry Legal Risks: IRS Rules That “Automatic Gratuities” Are Now “Service Charges”; Restaurants Must Add To Paychecks As Wages

“…The IRS has signaled its intent to scrutinize auto-gratuity patterns to determine whether they are tips, or if there has been more coercion so it Restaurant Tips And Service Chargesbecomes more of a service charge…rather than receiving automatic gratuities at the end of the night, under the new IRS rule, those payments would be tacked onto paychecks as wages…Darden Restaurants – which operates Red Lobster, Olive Garden, Longhorn Steakhouse Seasons 52, The Capital Grille and other chains – is testing a concept that eliminates 18 percent automatic gratuities for parties of eight or more, and instead leaves tip percentage calculations at the end of a bill…”

Even with automatic tipping, customers have always faced a decision over how much to leave a server. Now, thanks to an IRS ruling, restaurants are being thrown into the debate – and are faced with a decision of their own: Should tipping for large parties be left to the customer or should the restaurant tack it on to the bill?

The IRS ruling, which takes effect in January, will treat automatic gratuities as service charges, rather than tips. The switch means servers will no longer be responsible for reporting those automatic tips as income. And it also means automatic gratuities will be considered a part of a server’s wages, making that money subject to payroll tax withholding and delaying receipt until the next paycheck.

Understandably, many servers aren’t happy about the tax policy, but neither are restaurant owners. The change will create additional accounting and bookkeeping work, because automatic gratuities will have to be factored into hourly pay rates that could vary depending on the number of large parties served by the employee.

The IRS policy change also could mean the loss of an income tax credit, which restaurants receive for paying Medicare and Social Security taxes on employees’ reported tips. Service charges are not eligible for the credit.

For more:  http://www.news10.net/news/national/260375/5/Tip-ruling-could-prove-taxing-to-servers-restaurants

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management

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by | September 22, 2011 · 12:16 pm

Hospitality Industry Employee Risks: Government Regulators To Enforce "Wage-And-Hour Laws" Regarding Minimum Wage And Overtime Pay; Multiple Fines To Hotel Owners Found Guilty Of "Wage Theft"

 “…Labor officials will target businesses that improperly label workers as independent contractors or as non-employees to deprive workers of minimum wage and overtime pay. Misclassifying workers also lets companies avoid paying workers compensation, unemployment insurance and federal taxes..”

Labor Secretary Hilda Solis has made increased enforcement of federal wage-and-hour laws a top priority since she took office in 2009. The department has focused on industries where so-called “wage theft” is considered a problem, including the hotel, restaurant, janitorial, health care and day care industries.

Patricia Smith, the Labor Department’s top lawyer, said sharing information between state and federal agencies could subject businesses to multiple fines.

“There’s more of an incentive to be in compliance because the cost of what we consider to be illegal activity has increased,” Smith said in an interview.

In the past, Smith said, a company might pay a single fine to a state agency for not making proper unemployment insurance payments. Under the new agreements, a state can share the information with the Labor Department, which also can seek fines and penalties for federal wage violations.

The violation also would be reported to the IRS, which can go after the company for unpaid taxes, Smith said.

States that have agreed to work with the Labor Department so far include Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Missouri, Montana, Utah and Washington. Labor officials from New York and Illinois plan to sign up in the near future.

For more:  http://online.wsj.com/article/AP1a153b15fbd44922854b2aff6f272223.html

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Filed under Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

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by | September 22, 2010 · 2:52 pm

Hospitality Industry Employee Risk Management: IRS And State Agencies Are Set To Increase Scrutiny Of “Misclassification” Of Employees As “Independent Contractors”

As both Federal and State budgets become more strained, the IRS and state tax authorities sharpen their pencils further to extract as much in unpaid taxes possible.  The next target: misclassification of employees as independent contractors. 

Why all the fuss about misclassification?

When workers are classified as employees, employers must pay certain taxes and withhold certain taxes on behalf of taxing authorities from the workers’ pay.  These include:

  • Federal income taxes
  • State income taxes
  • Social Security taxes (both employer-paid and employee withholding)
  • Medicare taxes (both employer-paid and employee withholding);
  • Federal unemployment taxes
  • State unemployment taxes
  • State disability insurance taxes 
  • And more…

In the case of an independent contractor, none of these are due. The hiring company simply pays the agreed upon amount to the independent contractor and they are responsible for paying their own taxes.  It is generally believed that employers are more likely to withhold taxes than independent contractors are to voluntarily pay them.  So by misclassifying, the government is losing the difference between what the employer should have paid in taxes and withheld from the employee and the amount the independent contractor pays when it is due. 

I say “generally believed” because the last comprehensive study undertaken by the IRS to estimate the “misclassification” problem was conducted in 1984.  In 2009, the Treasury Inspector General for Tax Administration (“TIGTA”) issued a report asserting that misclassification is an important and growing problem, but failed to provide an actual estimate to how widespread the problem is currently.  The Joint Committee on Taxation, however, estimates that between 2010 and 2020 addressing the misclassification problem will generate an additional $6.9 billion in tax revenues.

Why does misclassification happen?

Misclassification can occur for a variety of reasons.  Many times it is ignorance of how to properly classify.  In some cases, employers may seek to avoid many of the costs and regulations associated with having employees which are not required with independent contractors. Other times the employee and employer work together and split the difference on the savings from intentional misclassification.  On the whole though, the employer benefits more than the employee, because the lost benefits of being classified as an employee are seldom made whole with any additional increase in pay.

Enforcement against misclassification

In order to address the problem of misclassification, the FY2011 Federal budget includes $25 million for the hiring of 100 new “enforcement personnel” focused on misclassification.  Part of the money will be used for grants to state governments to address the issue.  Earlier this year, the IRS began to conduct random audits of 6,000 businesses over the next three years to determine if they comply with five employment tax-related areas including misclassification. The businesses will be chosen at random.

New laws with stiff penalties in the works

In the Senate, the Employee Misclassification Prevention Act was introduced this year by Senator Sherrod Brown from Ohio and it currently has 8 cosponsors. The law amends the Fair Labor Standards Act (“FLSA”) by requiring every company to keep records of non-employees who perform labor or services and inform all new employees and non-employees of their classification and rights.  The proposed law would also make it unlawful to “fail to classify accurately an employee or non-employee”.  It also includes several punitive provisions, including fines of $1,100 for each violation going up to $5,000 per violation for repeat offenders. 

The law also uses the “stick approach” to coerce state governments to assist in dealing with misclassification by amending their respective state’s unemployment compensation law. The laws must establish auditing programs for companies that act in such a way as to undercount the employees that should be covered under state unemployment compensation coverage and establish penalties for companies that misclassify.  States that do not amend their laws will not be eligible for federal grants for state unemployment compensation funds.  With the current condition of state budgets, it is truly an offer they can’t refuse.

In the House of Representatives a proposed law by the same name was introduced by Representative Lynn Woolsey of California’s 6th district. The bill has 16 cosponsors and is identical to the Senate version.

There are several other bills that address misclassification so it is likely that at least one will become law in the near future.  If your business may be misclassifying it would be prudent to address the issue sooner rather than later.

For more:  http://www.openforum.com/idea-hub/topics/money/article/crackdown-on-misclassification-of-employees-as-independent-contractors-michael-periu

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