Jeffrey Holdvogt
Subscribe to Jeffrey Holdvogt's PostsJeffrey (Jeff) M. Holdvogt regularly counsels public and privately held companies and tax-exempt organizations on a wide range of employee benefits matters. These include the design and administration of complex pension, 401(k) and 403(b) plans, nonqualified and executive deferred compensation arrangements, fiduciary and plan investment issues under the Employee Retirement Income Security Act (ERISA), internal compliance reviews and voluntary correction filings, and benefit plan matters arising from mergers and acquisitions, as well as other ongoing day-to-day retirement and executive compensation issues. Read Jeff Holdvogt's full bio.
Supreme Court Decides in Favor of IRS in Quality Stores: FICA Generally Applies to Severance Payments
By Anthony A. Bongiorno, Jeffrey Holdvogt and Ruth Wimer on Mar 27, 2014
Posted In Benefit Controversies
The Supreme Court of the United States has decided in favor of the Internal Revenue Service in United States v. Quality Stores, Inc., holding that severance payments made pursuant to plans that did not tie payments to the receipt of state unemployment insurance are subject to Federal Insurance Contributions Act (FICA) tax. The decision overturns a...
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IRS Issues Final Regulations Clarifying Substantial Risk of Forfeiture Under Section 83 of the Internal Revenue Code
By Andrew Liazos and Jeffrey Holdvogt on Mar 7, 2014
Posted In Executive Compensation
The Internal Revenue Service (IRS) recently released new final regulations under Section 83 of the Internal Revenue Code (the Code) that confirm several positions that it has successfully taken in litigation about what is a substantial risk of forfeiture (SRF) under Section 83 of the Code. The new regulations are substantially the same as proposed...
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Deadline Looms for Quality Stores FICA Refund Claims for Severance Payments
By Anthony A. Bongiorno, Jeffrey Holdvogt and Ruth Wimer on Feb 13, 2014
Posted In Employment
The Supreme Court of the United States recently heard arguments in its review of the U.S. Court of Appeals for the Sixth Circuit’s Quality Stores decision. At issue in Quality Stores is whether certain severance payments made to employees following an involuntary separation, but which are not linked to state unemployment benefits, are “wages” subject to Federal Insurance Contributions...
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Employer Obligations for Additional Medicare Tax
By Jeffrey Holdvogt and Ruth Wimer on Dec 10, 2013
Posted In Health and Welfare Plans
The Internal Revenue Service recently released final regulations and updated questions and answers to help employers and taxpayers comply with the new 0.9 percent Medicare payroll tax increase on high-income earners that became effective in 2013. Employers are responsible for withholding and reporting the increased payroll tax and may be liable for amounts that are...
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IRS Announces Employee Benefit Plan Limits for 2014
By Diane Morgenthaler and Jeffrey Holdvogt on Nov 6, 2013
Posted In Health and Welfare Plans, Retirement Plans
The Internal Revenue Service (IRS) recently announced cost-of-living adjustments to the applicable dollar limits on various employer-sponsored retirement and welfare plans for 2014. Although many dollar limits currently in effect for 2013 will change, some limits will remain unchanged for 2014. This On the Subject provides a chart of these 2014 cost-of-living changes. To read...
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Plan Sponsors with Puerto Rico Employees Waiting for Guidance from the IRS on Treatment of Group Trusts, Possible Extension of Revenue Ruling 2008-40
By Jeffrey Holdvogt on Dec 10, 2010
Posted In Retirement Plans
On November 15, 2010, representatives from a number of law firms (including McDermott, Will & Emery LLP) and trade associations sent a letter to the Internal Revenue Service (IRS) asking that the IRS clarify its position on the treatment of Puerto Rico-qualified plans under Revenue Ruling 81-100. The letter was sent following the publication of...
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