Employment Litigation and Claim Settlements: Tax Withholding and Reporting Implications for Employers

Maximizing Tax Benefits and Avoiding Penalties When Allocating Settlement Proceeds, Drafting Settlement Agreements, and Reporting Payments

A live 90-minute CLE webinar with interactive Q&A


Thursday, October 26, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 6, 2017


This CLE webinar will provide guidance to employment counsel and tax advisers for navigating and complying with complex tax reporting and withholding requirements when settling employment claims. The panel will discuss best practices for employers to maximize tax benefits and avoid penalties when allocating settlement proceeds, drafting settlement agreements, and reporting payments. The panel will also discuss the tax implications of plaintiff requests in settlement agreements, including non-wage treatment, personal physical sickness allocations, requests that no IRS Form 1099 be issued, and employer reliance on tax indemnifications.

Description

The law governing the tax treatment of settlement payments is complex and constantly evolving. Employment counsel and tax advisers negotiating settlement agreements on behalf of employers must understand how the manner in which the agreement is drafted, settlement proceeds are allocated, and payments are made impact an employer’s obligation to pay payroll taxes, take proper withholdings, or file information returns for 1099 income. Improperly characterizing a settlement payment can result in liability, penalties, interest or other unforeseen consequences.

To minimize tax liabilities, employment counsel should carefully consider the language of the settlement agreement with regard to taxable damages. Counsel should clearly state the purpose of all payments such as wages, damages or attorneys’ fees in the agreement, evaluate which payments are taxable and which are nontaxable, and identify the proper reporting forms for each type of claim.

Listen as our authoritative panel of employment and tax attorneys discusses the tax implications that employment counsel should consider and address when negotiating settlement agreements to resolve employment disputes.

Outline

  1. Settlement payments that must be reported
  2. Settlement payments that do not have to be reported
  3. Settlement agreement drafting strategies

Benefits

The panel will review these and other key issues:

  • What types of settlement payments in an employment dispute are considered taxable income?
  • What tax reporting obligations do employers have following a settlement?
  • What are some best practices for anticipating and addressing tax issues when negotiating employment dispute settlement agreements?

Faculty

Robert W. Wood, Managing Partner
Wood, San Francisco

Mr. Wood has broad experience in corporate, partnership and individual tax matters. Concerning the tax treatment of litigation settlements and judgments, he is perhaps the preeminent tax lawyer in the U.S. In addition, Mr. Wood is a frequent expert witness on tax matters in civil cases, in disputes over independent contractor versus employee classification, class actions, and tax and accounting malpractice cases.

Additional faculty to be announced.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 10/06/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 10/06/17)

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 10/06/17)

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Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

Includes Early Discount Savings of $50.00 (through 10/06/17)

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Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 10/06/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 10/06/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 10/06/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
October 6, 2017

or call 1-800-926-7926

Can't Attend the Live Program?

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or call 1-800-926-7926

Customer Reviews

I thought it was great to hear from some experts on this topic.

Debbi Cicerello

MSC Industrial Direct Co.

I thought the seminar was well worth my time.

Jeff Ouellet

Hartman Underhill & Brubaker

I appreciated that the program was directly on point and did not deviate from the subject matter.

Paul Deyhle

McDonald Carano Wilson

I thought the subject matter was handled very well!  I appreciated the panel’s interaction and their responses to the inquiries posed.

Patricia Stamler

Hertz Schram

Convenient, interesting and informative. Strafford brought together good subject matter experts with practical knowledge.

Thom Cope

Udall Law Firm

or call 1-800-926-7926

Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

or call 1-800-926-7926

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Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.