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HTMLNew PPACA-related “Family Status” Changes for Cafeteria Plans
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Michael A. Hepburn, Paul R. Lang; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 29, 2014, previously published on September 25, 2014
The Internal Revenue Service has issued Notice 2014-55 to permit new health plan elections in two situations where they were not previously allowed.

 

HTMLIRS Reaches a Split Decision on Rollover Allocation Rules
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Michael A. Hepburn, Paul R. Lang; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 29, 2014, previously published on September 26, 2014
On September 18, the Internal Revenue Service (IRS) issued Notice 2014-54, which clarifies that, subject to some limitations, a single distribution of pre-tax and after-tax amounts from a qualified retirement plan, a 403(b) plan, or a governmental 457(b) plan may be split and allocated to different...

 

HTMLCalifornia Taxpayer Entitled to Attorney Fees after Successful Commerce Clause Challenge
Zachary T. Atkins, Prentiss Willson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
A California Court of Appeal held that a taxpayer who brought a successful facial challenge against a state taxing scheme met all of the requirements for an award of attorney fees and that the trial court abused its discretion by failing to award the fees. The taxpayer, an individual, sought a...

 

HTMLWashington State Issues Sharp Reminder Regarding Reliance on Advice from Department of Revenue: Don't Forget to Get It in Writing!
Pilar Mata, Suzanne M. Palms; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
The Washington Department of Revenue determined that taxpayers have a right to rely on written but not oral instructions from the Department of Revenue. The taxpayer operated an Internet marketing business and sold its services to customers both inside and outside the state. In June 2011, the...

 

HTMLCFPB Proposes to Examine and Directly Supervise Nonbank Auto Lenders
Keith J. Barnett, Thomas M. Byrne, B. Knox Dobbins, Cheryl L. Haas, Jason S. McCarter; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 19, 2014
On September 17, the Consumer Financial Protection Bureau (CFPB) proposed to make nonbank automobile lenders subject to the examination and direct supervision of the Bureau. Under the proposed rule, the CFPB would include as a “larger participant” any company engaging in more than...

 

HTMLTCPA Hot Issues - TCPA Restricts Autodialed Calls, but Courts Split on Meaning of Autodialer
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial such numbers.” 47 U.S.C....

 

HTMLWhat Financial Advisers and Accountants Should Know About Expanded IRS Streamlined Filing Compliance Procedures for U.S. Taxpayers with Unreported Foreign Assets and Accounts
Bruce M. Bettigole, Maia Cogen, Joseph M. DePew, Carol P. Tello, H. Karl Zeswitz; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 22, 2014, previously published on September 16, 2014
The Internal Revenue Service (IRS) recently announced “major changes” to its offshore compliance programs, including the Streamlined Filing Compliance Procedures (Streamlined Procedures), the delinquent international information return submission procedures (Delinquent Submission...

 

HTMLNow You See It, Now You Don’t: MTC Election Disappears in Michigan?
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 22, 2014, previously published on September 17, 2014
On September 11, 2014, Michigan Governor Rick Snyder signed S.B. 156, which purports to repeal the state’s adoption of the Multistate Tax Compact (the Compact) retroactive to January 1, 2008. Mich. Pub. Acts 2014, No. 282 (S.B. 156). As explained by the Senate Fiscal Agency’s Bill...

 

HTMLUnderwriter Deadline Nears for Municipal Continuing Disclosure Cooperation Initiative
Matthew W. Nichols, Darryl F. Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 12, 2014, previously published on September 4, 2014
On March 10, the Securities and Exchange Commission’s (SEC) Division of Enforcement announced its Municipal Continuing Disclosure Cooperation Initiative. The Initiative offers issuers and underwriters an opportunity to voluntarily self-report any potential material misstatements or omissions...

 

HTMLIt’s Time to Review Benefit Denial Letters
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Michael A. Hepburn, Paul R. Lang; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 8, 2014
On August 7, the U.S. Court of Appeals for the Sixth Circuit decided in Moyer that the contractual time limits governing the period during which a participant must initiate judicial review of a benefits denial must be included in the denial letter issued by the plan administrator in order to comply...

 


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