Posts Tagged: W-2

Additional FAQs regarding W-2 Reporting

in Affordable Care Act

The IRS recently posted additional FAQs following up on its revised W-2 guidance earlier this year.  That guidance was in Notice 2012-9, and these FAQs are generally meant to further explain some of those issues.  The new FAQs are at:,,id=237894,00.html

ABA Section of Tax Meeting

in Affordable Care Act

I recently spoke at the ABA Section of Tax meeting in San Diego this past weekend.  Besides having beautiful weather, we had some great conversations regarding the final SBC regulations, the employer penalty under 4980H, Form W-2s and the changes in the San Francisco health coverage law.  I want to thank all the governmental speakers that attended, and we certainly appreciate your informal comments regarding these new rules.  Our next meeting is in May in DC, which is traditionally our best attended meeting from both the practitioner and the government side.

IRS Revises Form W-2 Reporting Requirements

in Affordable Care Act

I submitted comments in July 2011 to the IRS regarding how to value on-site medical clinic coverage for the Form W-2 reporting requirements.  See,  I argued that on-site clinics should be exempted, or alternatively suggested a simplified valuation methodology.  This afternoon the IRS issued revised Form W-2 reporting requirements in Notice 2012-09. I am very pleased to report that the IRS adopted an exemption. Not only did the IRS exempt on-site clinics, the IRS also exempted all wellness programs and all EAPs, as long as the employer does not charge a premium for this coverage.  Specifically, the IRS said the following:… Continue Reading

Employee Reclassification Heats Up

in Tax Issues

Employee reclassification was a hot issue 10 years ago with the Microsoft and other high profile reclassification decisions.  However, recently reclassification is back in the news with two new items.  First, the DOL and IRS recently announced a “memorandum of understanding” in which they agreed to cooperate with each other in reclassification investigations.  Second, the IRS today announced a new reclassification settlement program regarding withholding taxes.  Employers should dust off their employee classifications in plan documents and SPDs to see if there is any exposure.  A link to the IRS settlement program follows.

IRS Form W-2 Comments

in Affordable Care Act

Many employers and plan sponsors are concerned about correctly reporting health coverage on particpants’ Form W-2s.  Many outstanding issues remain especially with terminated employees and retirees who still receive Form W-2s after active employment terminates.  In addition, reporting for on-site medical clinic coverage also remains a concern.  We have submitted comments to the IRS explaining the on-site medical clinic issues and proposing an administratively simple reporting method for on-site medical clinics.  A link to the comments is below. Comments to IRS Concerning Form W-2 Reporting Requirements