Lest Ye Be Confused: EINs are Free

Don't miss the Fall edition of the IRS's Employee Plan News [pdf]. It is chock full of some very helpful information. And for anyone who might be under the wrong impression that there is a fee for obtaining an Employer…

Don’t miss the Fall edition of the IRS’s Employee Plan News [pdf]. It is chock full of some very helpful information.

And for anyone who might be under the wrong impression that there is a fee for obtaining an Employer Identification Number (“EIN”), please note the IRS’s response to the confusion in the newsletter:

In our Summer 2003 Edition (page 10) [pdf], we described the new online process for getting a free EIN from the IRS. Well, recently our Customer Account Services folks have received calls from people who are certain they are in the www.irs.gov website but are being charged for an EIN. The IRS notes that keying “EIN” into some search engines will yield multiple sites that in some way relate to “EIN”. Some of the search results are for commercial sites that charge for obtaining an EIN – which is legal, but unnecessary. We advise anyone to go directly to www.irs.gov and get their EIN for free.

Here is what the IRS had to say in the Summer 2003 Edition regarding how to obtain an EIN online:

The IRS has rolled out yet another way to apply for an employer identification number (EIN). It is the new Online EIN application and features:

  • 24×7 availability
  • NO registration required
  • NO paper sent to the IRS

Once the online form is completed, a preliminary validation is performed that lets the user know if any information the IRS needs wasn’t included. An EIN will be issued after the successful online submission of the completed Form SS-4.

Users are urged to print their SS-4 application after the EIN is assigned and keep a paper copy for their records. To do this, just click the “Print Form” button after receiving the EIN. This provisional EIN may be used immediately to file tax returns. The IRS will review the application for completeness and verify that a new EIN is needed. Users will receive a confirmation notice, CP 575, within two weeks.

Attention Third Parties: You may request EINs via the Internet on behalf of your clients. However, you must keep a copy of the Form SS-4, signed by the client, in your business files. Please note that there are a few limitations. The following request types cannot use the Internet application:

  • Requests from addresses outside the continental USA, Alaska and Hawaii
  • Limited Liability Company without type of entity
  • Real Estate Mortgage Investment Conduits (REMIC)
  • State and Local Governments
  • Federal Government/Military Entities
  • Indian Tribal Governments or Enterprises

To apply online go to www.irs.gov/businesses/small and click on “Online Application – Form SS-4. Note: There is no limit to the number of EIN requests that can be requested at one time.

You can access the online application here as well as information about EINs here.

By the way, did you know about this page here with links to pages for all 50 states containing information on doing business in the applicable state, taxation, links for employers, and more?

Lest Ye Be Confused: EINs are Free

Don't miss the Fall edition of the IRS's Employee Plan News [pdf]. It is chock full of some very helpful information. And for anyone who might be under the wrong impression that there is a fee for obtaining an Employer…

Don’t miss the Fall edition of the IRS’s Employee Plan News [pdf]. It is chock full of some very helpful information.

And for anyone who might be under the wrong impression that there is a fee for obtaining an Employer Idenficiation Number, please note the IRS’s response to the confusion in the newsletter:

In our Summer 2003 Edition (page 10) [pdf], we described the new online process for getting a free EIN from the IRS. Well, recently our Customer Account Services folks have received calls from people who are certain they are in the www.irs.gov website but are being charged for an EIN. The IRS notes that keying “EIN” into some search engines will yield multiple sites that in some way relate to “EIN”. Some of the search results are for commercial sites that charge for obtaining an EIN – which is legal, but unnecessary. We advise anyone to go directly to www.irs.gov and get their EIN for free.

Here is what the IRS had to say in the Summer 2003 Edition regarding how to obtain an EIN online:

The IRS has rolled out yet another way to apply for an employer identification number (EIN). It is the new Online EIN application and features:
  24×7 availability
  NO registration required
  NO paper sent to the IRS

Once the online form is completed, a preliminary validation is performed that lets the user know if any information the IRS needs wasn’t included. An EIN will be issued after the successful online submission of the completed Form SS-4.

Users are urged to print their SS-4 application after the EIN is assigned and keep a paper copy for their records. To do this, just click the “Print Form” button after receiving the EIN. This provisional EIN may be used immediately to file tax returns. The IRS will review the application for completeness and verify that a new EIN is needed. Users will receive a confirmation notice, CP 575, within two weeks.

Attention Third Parties: You may request EINs via the Internet on behalf of your clients. However, you must keep a copy of the Form SS-4, signed by the client, in your business files. Please note that there are a few limitations. The following request types cannot use the Internet application:

  • Requests from addresses outside the continental USA, Alaska and Hawaii
  • Limited Liability Company without type of entity
  • Real Estate Mortgage Investment Conduits (REMIC)
  • State and Local Governments
  • Federal Government/Military Entities
  • Indian Tribal Governments or Enterprises

To apply online go to www.irs.gov/businesses/small and click on “Online Application – Form SS-4. Note: There is no limit to the number of EIN requests that can be requested at one time.

You can access the online application here as well as information about EINs here.

By the way, did you know about this page here with links to pages for all 50 states containing information on doing business in the applicable state, taxation, links for employers, and more?

House Adopts Gutknecht-Sanders Amendment

CNNMoney.com is reporting: "House backs IBM pension ruling." According to the article: The House of Representatives voted 237-162 Tuesday to prohibit the government from trying to use regulations to overturn a court case that ruled against the cash balance pension…

CNNMoney.com is reporting: “House backs IBM pension ruling.” According to the article:

The House of Representatives voted 237-162 Tuesday to prohibit the government from trying to use regulations to overturn a court case that ruled against the cash balance pension plan of International Business Machines Corp.

The move echoed a vote the House took a year ago. But the sponsor of both measures, Rep. Bernard Sanders, an Independent from Vermont, argued that Congress should weigh in on the subject again to make clear its opposition to cash balance plans that do not include protections for older workers.

Opponents of the measure charge that Sanders is trying to “enshrine in law a flawed court case,” and warned that such a measure would undermine pension plans generally:

“Given the growing reluctance of business to sponsor additional defined benefit plans, this amendment is just one more reason for companies to walk away from this type of pension,” [Rep. Sam] Johnson said.

The Wall Street Journal (subscription required) also reports on the development: “House Votes to Bar U.S. Intervention On IBM Pensions.”

You can access the legislation here. The language of the amendment reads as follows:

None of the funds appropriated by this Act may be used to assist in overturning the judicial ruling contained in the Memorandum and Order of the United States District Court for the Southern District of Illinois entered on July 31, 2003, in the action entitled Kathi Cooper, Beth Harrington, and Matthew Hilleshein, Individually and on Behalf of All ThoseSimilarly Situated vs. IBM Personal Pension Plan and IBM Corporation (CivilNo. 99-829-GPM).

You can read about the amendment in this previous post here. (For background on the cash balance plan controversy, previous posts on the topic are here and here.)

DOL Issues Draft USERRA Regulations

The Department of Labor (DOL) announced that it has published draft regulations that interpret the Uniformed Services Employment and Reemployment Act of 1994 (USERRA). The regulations are in Question and Answer format. Here is a list of the Q &…

The Department of Labor (DOL) announced that it has published draft regulations that interpret the Uniformed Services Employment and Reemployment Act of 1994 (USERRA). The regulations are in Question and Answer format. Here is a list of the Q & A’s pertaining to benefits:

Health Plan Coverage

1002.163 What types of health plans are covered by USERRA?
1002.164 What health plan coverage must my employer provide to me under USERRA?
1002.165 How do I elect continuing health plan coverage?
1002.166 How much do I have to pay in order to continue my health plan coverage?
1002.167 If my coverage was terminated at the beginning of or during my service, does my coverage have to be reinstated upon my reemployment?
1002.168 Can I elect to delay reinstatement of my health plan coverage until a date after the date I am reemployed?
1002.169 Which employer is responsible for providing me with continuing health plan coverage if I am enrolled under a multiemployer plan?

Pension Plan Benefits

1002.259 How does USERRA protect my pension benefits?
1002.260 What pension benefit plans are covered under USERRA?
1002.261 Who is responsible for funding any plan obligation to provide me with pension benefits?
1002.262 When is my employer required to make the plan contribution that is attributable to my period of military service?
1002.263 Am I required to pay interest when I make up my missed contributions or elective deferrals?
1002.264 Am I allowed to repay my account balance if I withdrew all or part of my account from the pension benefits plan before becoming reemployed?
1002.265 If I am reemployed with my pre-service employer is my pension benefit the same as if I had remained continuously employed?
1002.266 What are the obligations of a multiemployer pension benefit plan under USERRA?
1002.267 How is my compensation during my period of service calculated in order to determine my pension benefits, if my benefits are based on my compensation rate?

The release notes that “more than 420,000 citizen-soldiers have been mobilized since 9/11.” According to the release, the action by the Department represents the “first time regulations have been developed to help enforce USERRA since passage of the law in 1994” and constitutes “the latest in a series of proactive steps the department has taken to ensure job security for the largest group of mobilized National Guard and Reserve service members since World War II.” The release quotes Secretary of Labor Elaine Chao as follows:

“This is a major step in ensuring that the brave men and women who are risking their lives to preserve freedom and democracy have their jobs and benefits protected when they return home,” said Secretary of Labor Elaine L. Chao. “These regulations will spell out the rights of our returning service men and women and the responsibilities of employers to honor their service. This Administration will back up these first— time—ever USERRA regulations with aggressive outreach and enforcement.”

Small Businesses Beginning to Utilize Health Savings Accounts

According to a New York Times article-"Weighing the Risks in a Health Savings Account", health savings accounts ("HSAs') are starting "to shake up the group insurance market for small businesses." The article notes how "[a]lmost half of small businesses with…

According to a New York Times article–“Weighing the Risks in a Health Savings Account“, health savings accounts (“HSAs’) are starting “to shake up the group insurance market for small businesses.” The article notes how “[a]lmost half of small businesses with 50 or fewer employees do not offer health insurance to their workers” and that HSAs are providing a way for small businesses to provide at least some insurance for employees, whereas before they were not offering any health insurance. The article provides an interesting example of a small business that has opted for the HSA for its employees:

Currently, the management consulting firm started last year by Rich Phillips, an entrepreneur in Austin, Tex., falls into that group [of a small business without health insurance for employees.] But Mr. Phillips said that he planned to add coverage next year for his five employees and their families, using health savings accounts.

Mr. Phillips has purchased an individual H.S.A.-eligible policy for his family, which costs $380 a month and has an annual deductible of $3,250; a traditional policy would have run $900 to $1,100 monthly. For a single person, an H.S.A.-eligible policy can cost as little as $100 a month or less, compared with $400 or $500 for a traditional plan.

The article goes on to quote the business owner as saying that while he couldn’t afford to pay $1,000 a month per employee for coverage, he could afford the $300 or $400 that an HSA plan costs, and that being able to pay 100 percent of the premiums for employees and their families is very attractive to employees and “rare” for small businesses in an era when health insurance costs can be prohibitive for the small business owner.

Baby Boomers and the Need for Phased Retirement

The TaxGuru has a great cartoon here. The implications of the cartoon and this other cartoon here are that baby boomers (Americans born between 1946 and 1964) are headed for a rude awakening due to a lack of savings, more…

The TaxGuru has a great cartoon here. The implications of the cartoon and this other cartoon here are that baby boomers (Americans born between 1946 and 1964) are headed for a rude awakening due to a lack of savings, more and more employers cutting back on pensions and other retirement programs, and the bleak forecast for Social Security. However, on the other hand, with demographics indicating that many boomers may be leaving the workforce, taking their skills and experience with them, employers may be the ones encouraging boomers to continue working–albeit on a semi-retired basis. That brings up the topic of phased retirement and the fact that, in order for employers to be able to offer phased retirement on a larger scale, many legal barriers to phased retirement will need to be addressed by Congress and governmental agencies. This article from the National Association of State Retirement Administrators (NASRA)–“Phased Retirement Overview:Summary of Research and Practices” by Keith Brainard (October, 2002)–describes in detail many of the legal barriers, but also lists some of the reasons both employers and employees may want to eliminate such legal barriers soon:

The chief advantages of phased retirement programs for employers are:

  • retention of trained and qualified personnel, especially for positions that are difficult to fill;
  • reduced costs associated with training new employees to replace retiring employees;
  • reduced costs achieved through lower salary and benefits expenses, made possible by employees shifting from full-time to part-time status.

The chief advantages of phased retirement programs for employees are:

  • flexible work arrangements;
  • the opportunity to gradually transition into retirement rather than making a sudden, abrupt shift;
  • the opportunity to supplement retirement income or to increase future retirement benefits by deferring current retirement income.

More items on the topic of phased retirement:

(1) Statutory Reforms Needed to Allow Phased Retirement by Baby Boomers from the Urban Institute.
(2) Comments from The Working Group Report on Phased Retirement submitted to the Advisory Council on Employee Welfare and Pension Plans, known as the ERISA Advisory Council, on November 14, 2000.
(3) American Academy of Actuaries Comments to the IRS regarding Phased Retirement Issues (December 30, 2002)

Outlook for Benefits Under a “Fairer” Tax Code

As many of you know, there has been talk of overhauling the current tax system and producing a "fairer, simpler, and more pro-growth" tax system than the current "complicated mess." (See previous post here.) Thanks to the TaxProfBlog for the…

As many of you know, there has been talk of overhauling the current tax system and producing a “fairer, simpler, and more pro-growth” tax system than the current “complicated mess.” (See previous post here.) Thanks to the TaxProfBlog for the pointer to this blog which posts a document from Pam F. Olson to former Secretary Paul O’Neill (dated November 7, 2002) providing proposals for possible avenues of tax reform that might be utilized in trying to achieve a “fairer” system. The document provides some insight into how retirement plans and other benefits might be affected in such proposal. Here is a rundown of the different proposals and what the document says about the effect they would have on retirement plans and other benefits (you can read the document further for a detailed description of what each proposal would entail):

(1) Flat Consumption Tax:

Excerpts:

“Many of the special deductions, exemptions and credits allowed under the current tax system are intended to promote widely held social goals, e.g., health care, home ownership and charitable giving. The Flat Tax would eliminate these tax incentives without providing substitute programs.”

“To some extent existing pension plans and other tax favored savings plans increase retirement savings because of institutional factors – such as payroll deduction, withdrawal penalties, and persuasive advertising – rather than simply encouraging savings by increasing the after-tax rate of return. Because the proposal exempts all capital income from the individual level tax, it would remove the relative tax advantage currently enjoyed by qualified retirement saving plans, and it is likely that such plans would be less prevalent than under existing law. Compared to current law, this could reduce retirement saving by those for whom institutional factors had been a primary determinant of retirement saving.”

(2) Flat Income Tax:

Excerpts:

“Many of the special deductions, exemption and credits allowed under the current tax system are intended to promote widely held social goals, e.g., health care, home ownership and charitable giving. The Flat Tax would eliminate these tax incentives without providing substitute programs.”

“To some extent existing pension plans and other tax favored savings plans increase retirement savings because of institutional factors – such as payroll deduction, withdrawal penalties, and persuasive advertising – rather than simply encouraging savings by increasing the after-tax rate of return. Because the proposal exempts all capital income from the individual level tax, it would remove the relative tax advantage currently enjoyed by qualified retirement saving plans, and it is likely that such plans would be less prevalent than under existing law. Compared to current law, this could reduce retirement saving by those for whom institutional factors had been a primary determinant of retirement saving.”

(3) Add-On Value Added Tax and Reformed Income Tax

Excerpts:

“Some incentive for employer-provided pension and health fringe benefits would be retained, as both would be deducted from corporate income and excluded from compensation.”

“To some extent existing pension plans and other tax favored savings plans increase retirement savings because of institutional factors – such as payroll deduction, withdrawal penalties, and persuasive advertising – rather than simply encouraging savings by increasing the after-tax rate of return. Because most low- and moderate-income taxpayers would never face a tax on capital income at the individual level, for these taxpayers, the proposal removes the relative tax advantage currently enjoyed by qualified retirement saving plans. To the extent that the removal of the relative tax advantage leads to lower participation rates in qualified retirement savings plans, the proposal could reduce the provision for retirement by certain low- and moderate-income taxpayers for whom institutional factors had been a primary determinant of retirement saving.”

(4) Income Value Added Tax and Reformed Income Tax with Social Security Revenue Replacement

Excerpt:

“To some extent existing pension plans and other tax favored savings plans increase retirement savings because of institutional factors – such as payroll deduction, withdrawal penalties, and persuasive advertising – rather than simply encouraging savings by increasing the after-tax rate of return. Because most low- and moderate-income taxpayers would never face a tax on capital income at the individual level, for these taxpayers, the proposal removes the relative tax advantage currently enjoyed by qualified retirement saving plans. To the extent that the removal of the relative tax advantage leads to lower participation rates in qualified retirement savings plans, the proposal could reduce the provision for retirement by certain low- and moderate-income taxpayers for whom institutional factors had been a primary determinant of retirement saving.”

(5) Reform the Current Income Tax

Excerpts:

“The current menu of retirement, education, and medical savings accounts would be consolidated into two programs, LSAs and RSAs. Contributions to these accounts would be taxed, but earnings would accumulate tax-free and distributions would not be included in income. Withdrawals from LSAs would be allowed at any time for any reason. Withdrawals from RSAs would be penalty-free beginning at age 58. Neither account would have required minimum distributions. All individuals, regardless of income or earnings would be eligible to contribution 45,000 a year to an LSA and $5,000 (or earnings, if less) to an RSA.”

“Various employer-based defined contribution plans, such as 401(k), 403(b), and 457 plans, would be consolidated, qualification rules would be simplified, and required minimum distributions would be simplified.”

Legislation to Prevent Frivolous Lawsuits

The Associated Press (via Reuters.com) is reporting that yesterday the House approved legislation aimed at preventing frivolous lawsuits. According to the report, the House of Representatives passed a bill "to punish lawyers who file lawsuits deemed meritless by a judge,…

The Associated Press (via Reuters.com) is reporting that yesterday the House approved legislation aimed at preventing frivolous lawsuits. According to the report, the House of Representatives passed a bill “to punish lawyers who file lawsuits deemed meritless by a judge, and bar them from shopping around for a sympathetic court.” The measure, passed 229-174, calls for mandatory fines on lawyers responsible for frivolous lawsuits.

What A “Fairer” Tax Code Might Look Like

BusinessWeek Online has an interesting article discussing what major tax reform might look like if President Bush is re-elected and pushes for tax reform, as he has indicated he will: "What A "Fairer" Tax Code Might Look Like: A reelected…

BusinessWeek Online has an interesting article discussing what major tax reform might look like if President Bush is re-elected and pushes for tax reform, as he has indicated he will: “What A “Fairer” Tax Code Might Look Like: A reelected Bush may rework the existing system — or try for a consumption tax.”