Monthly Archives: April 2011

Improving the Effectiveness of Compliance & Risk Management By Getting HR On The Compliance Team


Businesses leaders concerned with managing risk that can arise when an employee or other workforce member violates Sentencing Guideline or other rules for which the business or leader is legally accountable should not overlook the value of getting their human resources department and others responsible for managing performance on the compliance team.

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IRS Establishes Safe Harbor Election for Allocating Success-Based Fees Paid On Certain Business Transactions


IRS Establishes Safe Harbor Election for Allocating Success-Based Fees Paid On Certain Business Transactions
The Internal Revenue Service is establishing a new safe harbor that businesses may elect to use when allocating success-based fees paid in connection with a business organizsatoin under Treasury Regulation § 1.263(a)-5(e)(3) of the Income Tax Regulations.
Revenue Procedure 2011-29 will be published in Internal Revenue Bulletin 2011-18 on May 2. It will provide that in lieu of maintaining the documentation required by § 1.263(a)-5(f), electing taxpayers may elect to treat 70 percent of the success-based fee as an amount that does not facilitate the transaction. The remaining portion of the fee must be capitalized as an amount that facilitates the transaction.
About Solutions Law Press
Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on health care, human resources, employee benefits, data security and privacy, insurance, and other key compliance, risk management, internal controls and other key operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources including:
• TPA’s Embezzlement Guilty Plea Reminds Plan Sponsors, Fiduciaries & Service Providers To Ensure Fiduciaries, Administrators & Staff Prudently Selected, Monitored & Bonded
• 4/19 Deadline For Comments On Proposed Rules For Selecting State Employment Service Delivery Systems Providers For Veterans
• ERISA Leader Nell Hennessy Dies From Cancer
• IRS Expands When HFSAs & HRAS May Allow Over-The-Counter Drug Purchases With Drug Cards
• IRS, HHS & DOL To Delay Enforcement of New Insured Group Health Plan Non-Discrimination Rules Pending Guidance; Seek Public Input on Rules
• DOL Announces Changes To H-2B Prevailing Wage Calculation Rules
• $1 Million + FLSA Overtime Settlement Shows Employers Should Tighten On-Call, Other Wage & Hour Practices
• Medical Resident Stipend Ruling Shows Health Care, Other Employers Should Review Worker Classification, Payroll & Other Practices
• CMS Physician Compare Web Site Offers Consumers New Provider Info Source
• Avoiding Post-Holiday Celebration Sexual Harassment & Discrimination Liability
• Small Employers Should Weigh If Health Premium Tax Credit Justifies Changing Employee Leasing Arrangements
• 2011 Standard Mileage Rates Announced
• Proposed New Defined Benefit Plan Annual Funding Notice Rule Reminder of Need to Carefully Manage Pension Plan Responsibilities
• Affordable Care Act Grandfathered Plan Rules Loosened To Allow Insured Plans Making Some Insurance Changes To Qualify
• Update Employment Practices To Manage Genetic Info Discrimination Risks Under New EEOC Final GINA Regulations
• EEOC Attacks Medical Leave Denials As Prohibited Disability Discrimination
• DOL Proposes To Expand Investment Related Services Giving Rise to ERISA Fiduciary Status As Investment Fiduciary
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©2011 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press. All other rights reserved.
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Plan Sponsors. Their Owners & Management & Others Risk Personal Liability If Others Defraud Plans or Mismanage Employee Benefit Plan Responsibilities


Executives, board members, and other business leaders of companies providing health, 401(k) or other employee benefits under plans regulated by the Employee Retirement Income Security Act of 1974, as amended (ERISA) should heed a series of recent fiduciary liability settlement orders and lawsuits of the U.S. Department of Labor (Labor Department) as important reminders of the potential personal liability exposures executives can may face if their company’s benefit programs are not appropriately maintained and administered.

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Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, Officers, Reengineering, Shareholder Liability | Tagged , , , , , , | Leave a comment