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Payroll
Payroll management, processing, and compliance for businesses of all sizes
Section 409A: Structuring Bonuses, Severance, and Phantom Equity to Avoid the 20% Penalty
Section 409A taxes noncompliant deferred compensation in the year of vesting and adds a flat 20% federal penalty plus interest. This guide explains the short-term deferral and separation pay exceptions, the six recognized payout triggers, the six-month delay for specified employees, and how to structure bonuses, severance, RSUs, phantom stock, and discounted stock options so founders avoid the penalty.
Accountable Plans: How to Reimburse Owners and Employees Tax-Free
An accountable plan lets an S corporation reimburse owners and employees for mileage, home office, and supplies tax-free under Treasury Regulation 1.62-2. It requires three things—business connection, substantiation within 60 days, and return of excess within 120 days—and replaces the employee expense deduction the Tax Cuts and Jobs Act eliminated.
Form 8850 and the 28-Day Pre-Screening Window: How Employers Lock In Up to $9,600 Per Qualifying Hire
Form 8850 must be signed on or before the job offer date and submitted to the state workforce agency within 28 calendar days of the employee's start date — miss either deadline and the Work Opportunity Tax Credit, worth up to $9,600 per qualifying hire across ten targeted groups, is permanently forfeited.
Section 105(h): The Self-Insured Health Plan Rule That Can Quietly Tax Your Best People
Section 105(h) requires self-insured health plans, including ICHRAs and HRAs, to pass an eligibility test and a benefits test each year. Fail, and a portion of a highly compensated individual's reimbursements becomes taxable W-2 income — calculated as the excess reimbursement.
Section 119 Meals and Lodging for the Convenience of the Employer: How Hospitality, Hospital, and Caretaker Employers Keep On-Premises Housing and Cafeteria Meals Out of Wages
Section 119 lets employers exclude on-premises meals and required-residence lodging from employee wages, with no FICA and no income tax withholding. This guide walks through the convenience-of-the-employer test, the "more than half" safe harbor, qualified campus lodging, the Kowalski cash rule, and what the 2026 Section 274(o) deduction sunset does and does not change.
Section 119: How Employers Give Workers Tax-Free Meals and Housing on the Business Premises
Section 119 lets employers furnish meals and lodging tax-free when they are on the business premises and for the employer's convenience — and lodging must also be a condition of employment. Qualifying value is also excluded from FICA and FUTA wages.
Weekly Prime Cost Tracking for Restaurants: Hit the 55–65% Benchmark and Catch Margin Leaks Before Month-End
A working operator's guide to calculating restaurant prime cost every seven days, the 55–65% benchmark by service segment, the five leaks weekly tracking surfaces first, and the bookkeeping setup the cadence requires.
DOL Independent Contractor Final Rule: The Six-Factor Economic Realities Test and What Small Businesses Must Document in 2026
The 2024 DOL Independent Contractor Final Rule and its six-factor economic realities test still govern FLSA worker classification in private lawsuits despite the May 2025 enforcement pause. Small businesses that misclassify employees face back wages of two to three years, liquidated damages, civil penalties above $2,300 per violation, and IRS payroll tax exposure—risks that clean bookkeeping and contemporaneous documentation are built to defend against.
Employee Retention Credit Compliance in 2026: Audit Defense Under the OBBBA Six-Year Statute
A practical 2026 guide for businesses with ERC exposure — the closed voluntary disclosure window, the OBBBA six-year statute on Q3/Q4 2021 claims, the categorical disallowance of late filings after January 31 2024, the promoter penalties reaching back to March 12 2020, and the audit file examiners actually request.
After ERC Voluntary Disclosure Program 2.0: How Small Businesses Can Still Fix Improper Claims in 2026
With the second ERC Voluntary Disclosure Program closed since November 2024, small businesses with overstated Employee Retention Credit claims still have three remedies in 2026: claim withdrawal, self-amendment via Form 941-X, or responding to an IRS recapture letter. The IRS has a six-year audit window open through April 15, 2027 for Q3 and Q4 2021 claims, plus a 20% accuracy-related penalty for erroneous refunds.
Form 1095-C and Section 4980H: 2026 ACA Employer Penalties and Safe Harbors
For 2026, ALEs face a $3,340 per-employee 4980H(a) penalty and a $5,010 per-employee 4980H(b) penalty, with affordability set at 9.96 percent of pay. This guide covers the FPL, W-2, and rate-of-pay safe harbors, line-by-line Form 1095-C coding, and the errors that drive Letter 226-J assessments.
Form 3800 General Business Credit: Stacking R&D, WOTC, FICA Tip, and Childcare Credits Under the 25/75 TMT Limit
How Form 3800 aggregates 40-plus business tax credits into one limitation, why the 25/75 tentative minimum tax floor matters, and how eligible small businesses (≤$50M gross receipts) can offset AMT with R&D, WOTC, FICA Tip, and other specified credits.